Standing Committee on Public Safety and National Security: 2019 to 2020 Supplementary Estimates (B) and 2020 to 2021 Main Estimates (February 26, 2020)
Current Issues

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Covid-19 (Coronavirus)

Proposed response

The CBSA continues to work closely with officials from the Public Health Agency of Canada (PHAC) to ensure the appropriate border measures are in place and reflective of the risk to Canada.

The CBSA was part of the whole-of-government coordination effort to assist the return of Canadian travellers who were aboard the Diamond Princess Cruise ship.

The CBSA continues to contribute to the health and safety of Canada by ensuring travellers returning from the Province of Hubei are provided PHAC guidance should they begin to experience symptoms after they have entered Canada.

If pressed on travellers who continue to arrive from China

The CBSA will ensure that on arrival, all travellers will be cleared, as per our normal processes.

When the CBSA greets travellers who arrive from the Province of Hubei, they screen for signs of illness and provide PHAC guidance to ensure those travellers take necessary precautions upon entering Canada.

During efforts to bring Canadians home from Wuhan, we had officers on the ground to verify identities and documents of the passengers and ensured security checks were completed to prevent any high-risk travellers from boarding the aircraft.

Background

On January 30, 2020, the World Health Organization (WHO) declared a global health emergency over concern of the potential for the virus to spread to further countries. The Public Health Agency of Canada (PHAC) is in close contact with the WHO to assess the situation and any potential risk to Canadians. The CBSA plays an important frontline role in helping to prevent the spread of serious infectious diseases into Canada and is working closely with PHAC to monitor developments in relation to the novel COVID-19 situation.

On January 22, 2020, enhanced border measures were implemented at Vancouver, Montreal and Toronto international airports. On February 1, these measures were extended to the following airports across Canada:

• Calgary International Airport – YYC
• Edmonton International Airport – YEG
• Winnipeg Richardson International Airport – YWG
• Billy Bishop Toronto City Airport – YTZ
• Ottawa International Airport – YOW
• Québec City Jean Lesage International Airport – YQB
• Halifax Stanfield International Airport – YHZ

As part of the CBSA's enhanced measures, on February 17, 2020, CBSA border services officers (BSO) on behalf of PHAC began to provide a PHAC COVID-19 form to travellers to complete to obtain flight data and contact information from all travellers who indicated that they have been in the province of Hubei. Once travellers complete the form, it is provided to PHAC who will determine when and how to share information with provincial authorities, allowing authorities to follow-up with the 70 or so travellers who arrive daily from Hubei.

Global Affairs Canada is leading the whole-of-Government effort to repatriate Canadians from the Diamond Princess Cruise ship. The CBSA supports the assisted departure through identity and documentation verification and control, and regular processing upon arrivals.

The CBSA is ready to respond in real-time to issues that arise, such as when 271 Canadian passengers who were on the Westerdam cruise ship were identified as being at risk of carrying COVID-19. These travellers began to return to Canada around February 16, 2020. The CBSA made efforts to greet these travellers on arrival to conduct screening and provide PHAC instructions to ensure travellers take necessary precautions upon entering Canada. This was done to support PHAC and Health Canada to identify and contact these returning travellers to ensure they are subject to additional health screening.

The US continues to suspend entry for immigrant and non-immigrant travellers who pose a risk of transmitting COVID-19. These measures were originally implemented through a Presidential proclamation on January 31, 2020, and also apply to travellers entering the US from Canada.

Border services officers at airports

CBSA officers are designated screening officers under the Quarantine Act and are the first point of contact upon arrival at an airport. As screening officers, BSOs conduct a preliminary screening of a traveller based on criteria developed by PHAC, and based on the information available to them at the time a traveller seeks entry into Canada. Travellers who respond "yes" to the screening question are referred for further screening and questioning by the CBSA.

If a traveller feels or looks sick or unwell, they are referred to PHAC for a more detailed assessment. If a traveller does not appear ill, or does not disclose symptoms of illness, they are provided a handout instructing them what to do if they feel ill over the next 14 days.

The health and safety of its officers is of utmost importance to the CBSA. At this time, Health Canada has advised officers interacting with travellers to wear gloves when handling the documents and baggage of potentially ill persons and, to wear gloves, eye/face protection and a mask when escorting and remaining with an ill person. Staff continue to be briefed and trained in the proper use of personal protection equipment.

Irregular migration (IRCC note included)

Proposed response

Since 2017, Canada's asylum system has faced pressures due to the significant rise in the volume of asylum seekers entering Canada between ports of entry (POEs), which primarily occur in three locations: Quebec, Manitoba and British Columbia.

The CBSA works with other government departments to maintain border security and integrity, preserve the integrity of the immigration system and ensure that asylum claimants are treated with compassion and efficiency.

The CBSA is committed to addressing and reducing the recent influx of asylum claims in Canada by:

• detecting and discouraging the misuse of Canada's visa system
• continuing to manage effectively arrivals at the border

Compared to last year, there has been a decrease in irregular claims between POEs and an increase in asylum claims at POEs.

While this is a positive development, the Agency continues to closely monitor the situation and remains vigilant and prepared to respond should that change.

Financial implications

Funding sought in 2019 to 2020 through Budget 2019 and 2019 to 2020 Supplementary Estimates

The CBSA received temporary incremental funding in the amount of $106.3 million through the 2019 to 2020 Main Estimates Budget Implementation Vote (BIV) to process asylum claims in excess of base funding and to remove failed refugee claimants and inadmissible persons from Canada.

The CBSA also received $20.1 million through the 2019 to 2020 Annual Reference Level Update/Main Estimates Vote 1 (related to Budget 2018) to process asylum claims in excess of base funding and to remove failed refugee claimants and inadmissible persons from Canada.

2020 to 2021 Main Estimates (not yet tabled)

Through the 2020 to 2021 Main Estimates, the CBSA is expected to receive $118.5 million (excluding Employee Benefit Plan) to support:

• the processing of individuals at ports of entry
• post-border activities such as attending hearings before the Immigration and Refugee Board and conducting immigration enforcement activities, up to and including the removal of failed refugee claimants and inadmissible persons from Canada

Background

The Royal Canadian Mounted Police (RCMP) is responsible for enforcement between the ports of entry (POEs) along the border. The CBSA is responsible for enforcing Canadian legislation at POEs. Persons entering Canada between the POEs are arrested by the RCMP or by a local law enforcement officer. Those who indicate that their intention is to make an asylum claim are brought to a CBSA officer at a POE. Once the police have conducted an assessment for national security or other criminal activity, a CBSA officer will then determine the admissibility of the person and the eligibility of the claim under the Immigration and Refugee Protection Act (IRPA).

During the initial admissibility determination, a CBSA officer will verify the identity of asylum seekers using both biographic and biometric information; and conduct an assessment for security, criminality and health purposes. This assessment includes a review of international and other partner databases for any immigration, criminal or national security concerns, as well as an interview.

People who are known criminals or security threats and people who have already had an asylum claim rejected in Canada are not eligible to make a claim, and are subject to removal. If an officer believes that a person is inadmissible under the IRPA, an inadmissibility report may be written and referred to the Immigration and Refugee Board (IRB) for an admissibility hearing. If grounds for detention exist, the person may be detained under the IRPA. Detention is a last resort and detention decisions are reviewed by the IRB on a regular basis, with the first review occurring within 48 hours of detention (or as soon as possible afterwards). From April 1, 2017 to November 20, 2019, less than 1% of asylum seekers have been reported for serious criminality at the time of the refugee intake process or interception, and 2.5% have been detained.

Prior to a hearing at the IRB, a front end security screening (FESS) is completed on all adult asylum claimants. The purpose of FESS is to identify any serious inadmissibility concerns relating to national security, war crimes and/or crimes against humanity, and organized crime. The FESS is conducted by the CBSA with information from other partner agencies, including; the RCMP, Canadian Security Intelligence Service (CSIS) and Immigration, Refugees and Citizenship Canada (IRCC). The time required to conduct FESS screening varies based on multiple factors, such as complexity, level of detail, availability of information and research required for higher complexity cases which require more evidence to substantiate the case. Under the current regulatory framework, these individuals remain under examination up until the time of their hearing, and may be asked to subsequently report to a CBSA officer during this period, including once the FESS process has been completed, in the event potential serious inadmissibility concerns are identified.

From January 1 to December 31, 2019, there have been 16,503 persons intercepted by the RCMP between POEs. During the same period in 2018, a total of 19,419 persons were intercepted.

To respond to the unprecedented number of persons arriving between the POEs, the CBSA implemented the following measures, including:

• the acquisition of additional infrastructure (buildings, trailers, tents, showers, etc.)
• surging additional staff from across the country to the locations of high volume
• engaging the Canadian Red Cross and l'Agence Services Santé to provide humanitarian and medical services
• providing bus transportation to move processed asylum seekers away from Lacolle
• working with IRCC support efforts to increase capacity by streamlining processing and improving system-wide efficiency

The CBSA continues to review and revise its national and regional operational response plans with partners to incorporate best practices from Quebec to ensure we are prepared in the event increased volumes occur in another location(s).

Asylum seekers whose claims are not eligible to be referred to the IRB, or are refused protection at the IRB, are subject to removal from Canada. Once all avenues of appeal have been exhausted, the conditional removal order that was issued at the time the asylum claim was initially made becomes enforceable and removal can be undertaken provided there are no impediments to removal. Individuals who fail to appear for a removal interview or for removal may become the subject of a Canada-wide arrest warrant and may be detained prior to removal.

Budget 2019 investments

Overall, Budget 2019 invests $1.18 billion over 5 years, starting in 2019 to 2020, and $55 million per year ongoing, to enhance the integrity of Canada's borders and asylum system, including $382 million to the CBSA over 5 years with $7.3 million per year ongoing.

These investments support the Border Enforcement Strategy, and increase the asylum system's capacity in order to provide timely protection to refugees and ensure timely removal of failed asylum claimants.

This approach has 3 main pillars:

1. Detect and discourage misuse of Canada's visa system, by preventing travel to Canada by individuals who may not be legitimate temporary visa applicants
2. Manage arrivals at the border, while ensuring the safety of Canadians, and maintaining contingency plans in the event of an influx of asylum seekers
3. Invest in the asylum system for a fast, fair and final system by processing more asylum claims faster and by removing those who do not need Canada's protection

In June 2019, a number of legislative amendments to the Immigration and Refugee Protection Act came into force to better manage, discourage and prevent irregular migration along Canada's border, including:

• A new ground of ineligibility to prevent individuals who have previously claimed asylum in certain countries from making a claim in Canada (for example, the United States, United Kingdom, Australia and New Zealand)
• New authorities to allow the government to respond to recalcitrant countries that refuse to provide travel documents for their nationals
• New restrictions to bar failed claimants from applying for a pre-removal risk assessment (PRRA), temporary resident permit (TRP), or humanitarian and compassionate consideration (H&C) for 12-months following a negative decision on their claim
• The elimination of statutory timelines that previously required officers to determine whether a claim was eligible to be referred to the Immigration and Refugee Board of Canada (IRB) within a three-day period

Irregular migration (IRCC note)

Proposed response

Like many other countries, Canada is experiencing a rise in the number of people claiming asylum.

The Government is committed to improving the efficiency of the asylum system.

The actions we have taken are consistent with the balance that the Federal Government is seeking to achieve between ensuring that Canada is a place for those who genuinely need protection, but also safeguards the integrity of our immigration system and the safety of our citizens.

Investments of more than $1 billion in the Government's Border Enforcement Strategy will nearly double the capacity of Canada's asylum system over the next two years. Under this Strategy, we will ensure our asylum system is fast, fair and final.

To ensure a well-managed and orderly response to recent asylum claim increases, we also continue to work with all levels of government.

We are also in regular contact with the United States regarding our shared border, as well as with other countries on global migration issues.

Financial implications

Funding sought in 2019 to 2020 through Budget 2019 and 2019 to 2020 Supplementary Estimates

For 2019 to 2020, Budget 2019 provided $164.4 million for IRCC to enhance the integrity of Canada's borders and asylum system.

From this amount, $85.2 million was provided to support the implementation of the Government's Border Enforcement Strategy, to better manage and discourage irregular migration. This includes funding devoted to managing arrivals at the border (for example, interim lodging) and detect and discourage the misuse of Canada's visa system.

The second portion of funding of $75.2 million is to enhance the asylum system which includes funding to increase capacity at 50,000 cases per year. IRCC accessed $134.4 million via the Budget Implementation Votes in 2019 to 2020 to deliver on these commitments.

The residual funds are for IT enhancements to be implemented by IRCC, for accommodation services to be provided by PSPC and IT support provided by SSC. Funding beyond 2019 to 2020, with the exception of IT component, has been approved and is included in IRCC reference levels.

Budget 2019 also provided $125.1 million destined for health care to refugees and asylum seekers through the Interim Federal Health Program which the department accessed via Budget Implementation Vote.

Through the 2019 to 2020 Main Estimates Budget Implementation Vote (BIV), the Canada Border Services Agency (CBSA) received $106.3M for Enhancing the Integrity of Canada's Borders and Asylum System. This amount provided temporary incremental funding to the CBSA to process asylum claims in excess of base funding and to remove failed refugee claimants and inadmissible persons from Canada.

In addition, 2019 to 2020 Main Estimates included an amount of $324 million for Interim Housing Assistance Program (IHAP) to support provinces and municipalities for temporary housing as a result of increased volumes of asylum seekers.

Through the Supplementary Estimates A, an additional $121 million was sought for IHAP from unused funding in 2018 to 2019 which brings the total of available funding in 2019 to 2020 to $445 million in Vote 10 – Grants and Contributions.

2020 to 2021 Main Estimates (not yet public)

IRCC's Main Estimates propose to include funding provided by Budget 2019 in the amount of $158 million destined for health care to refugees and asylum seekers through the Interim Federal Health Program, as well as $91.2 million to enhance the integrity of Canada's borders and asylum system.

Through the 2020 to 2021 Main Estimates, the CBSA is expected to receive $118.5M (excluding Employee Benefit Plan) to support the processing of individuals at ports of entry, as well as, post-border activities such as attending hearings before the Immigration and Refugee Board and conducting immigration enforcement activities, up to and including the removal of failed refugee claimants and inadmissible persons from Canada.

Background

Latest asylum trends

In 2019, there were about 63,830 total asylum claims. Overall asylum claim volumes were up by 16% in 2019 compared to 2018 (55,040).

The number of RCMP interceptions between ports of entry recorded in 2019 (16,503) is 15% lower than the number received over the same time period in 2018 (19,419). Of the 16,503 intercepts, 16,136 (98%) were within the RCMP's "C" Division (Quebec).

The top three source countries for regular asylum claims in 2019 are India, Mexico and Iran. The top three source countries for irregular claims are Nigeria, Colombia, and Pakistan.

Budget 2019

Budget 2019 invests $1.18 billion over 5 years, starting in 2019 to 2020, and $55 million per year ongoing, to enhance the integrity of Canada's borders and asylum system.

These investments support the Border Enforcement Strategy, and increase the asylum system's capacity in order to provide timely protection to refugees and ensure failed asylum claimants are removed, faster. This approach has 3 main pillars:

1. Detect and discourage misuse of Canada's visa system, by preventing travel to Canada by individuals who may not be legitimate temporary visa applicants. (Border Enforcement Strategy)

   This includes investing in intelligence gathering and trend analysis; discouraging and interdicting would-be asylum seekers abroad; engaging recalcitrant countries in support of removal operations; and continuing to work with United States (U.S.) officials to share information and trend analysis that may impact U.S. and Canada visa issuance.

2. Manage arrivals at the border, while ensuring the safety of Canadians, and maintaining contingency plans in the event of an influx of asylum seekers (Border Enforcement Strategy)

   This includes investing in ongoing capacity for interceptions between ports of entry, and continuing to engage the U.S. to modernize the Safe Third Country Agreement. Contingency measures have also been put in place to ensure we are ready to respond to potential increases in the number of asylum seekers.

   In addition, legislative changes were made to improve our ability to manage flows along the border in the event of an influx. Changes were also made to bar access to the Immigration and Refugee Board for those who have made asylum claims in other countries in order to discourage against the making of multiple claims in different countries. Instead, these individuals have access to a pre-removal risk assessment prior to removal to ensure that they are not returned to a situation of risk.

   The Canada Border Services Agency (CBSA) will be deploying additional resources during fiscal year 2020 to 2021 to process the higher volume of asylum claims being completed by CBSA officer between and at ports of entry.

   In addition, plans for the normalization of infrastructure utilized for the processing of irregular migration are underway and pending approval.

3. Invest in the asylum system for a fast, fair and final system by processing more asylum claims faster and by removing those who do not need Canada's protection

   Funding was increased for the asylum system as a whole to process higher volumes of claims. This funding will allow the IRB to make decisions on up to 50,000 asylum claims and 13,500 appeals by fiscal year 2020 to 2021. The asylum system presently has base funding to process 26,000 claims per year. Investments will also support the work of IRCC, CBSA and other security partners.

   Funding was also provided to triage asylum cases via an Integrated Claims Analysis Centre (ICAC) pilot in Toronto; manage the asylum system in an integrated manner with the Deputy-level Asylum System Management Board (ASMB); invest more in settlement funding and information technology (IT) capacity; increase the number of judges and funding for the Federal Court; and allow for the timely removal of individuals found not to be in genuine need of protection.

We are also working with our provincial and municipal partners on a regular basis to address the challenges that have arisen as a result of the increasing volume of asylum claims. The Government has provided financial support to provinces and municipalities for extraordinary interim housing costs as well as to address challenges with immigration and refugee legal aid funding.

2020 to 2021 Mains Estimates (not yet public)

The 2020 to 2021 Main Estimates, are expected to be tabled in Parliament during the week of February 24, 2020, and they reflect funding for Immigration, Refugees and Citizenship Canada (IRCC) of $2.841 billion which represent a slight decrease of $7.3 million compared to last year's Main Estimates.

The most important increases related to the asylum program included in these estimates are mainly comprised of the following:

• $158 million to provide health care to refugees and asylum seekers through the Interim Federal Health Program
• $91.2 million to enhance the integrity of Canada's borders and asylum system

Decreases include the sunset of $324 million for the Interim Housing Assistance Program (IHAP). This grant program served to offset temporary housing costs that provinces and municipalities have incurred as a result of increased volumes of asylum seekers.

This $324 million available in 2019 to 2020 is part of a three year package funding of $474 million identified to support provinces and municipalities for temporary housing as a result of increased volumes of asylum seekers. In 2018 to 2019, $29 million was disbursed to the provinces and in 2019 to 2020, $342.5 million to date for a cumulative total of $371.5 million.

Removals

Proposed response

The CBSA prioritizes the removal of persons inadmissible on the most serious grounds to protect Canada's safety and security.

The timely removal of failed claimants plays a critical role in supporting the integrity of Canada's asylum system.

In fiscal year 2018 to 2019, the CBSA removed 9,669 individuals from Canada, the highest number of removals in the past 5 years. As of February 18, 2020, the CBSA has removed 9,224 individuals thus far for the current fiscal year (2019 to 2020).

As additional refugee decisions are rendered by the Immigration and Refugee Board, the CBSA is working hard to ensure that the number of removals keep pace with growing volumes.

While the CBSA strives to conduct removals in a timely manner, all individuals are entitled to exhaust due process under the law in advance of CBSA proceeding with removal.

Once due process has been exhausted, the CBSA may still face other impediments to removal, including lack of travel documents or logistical challenges in arranging removals.

The CBSA is working bi-laterally and with other federal partners to address impediments to removal, such as incentivizing recalcitrant countries to provide necessary travel documents to allow their own nationals to return.

Background

As part of its enforcement of the Immigration and Refugee Protection Act (IRPA), the Canada Border Services Agency (CBSA) has a statutory obligation to remove any foreign national that has been issued a removal order for violating the IRPA. Immigration removal is an integral part of the CBSA's security mandate.

The IRPA specifies that individuals may be inadmissible for any of the following reasons: security; crimes against humanity and war crimes; criminality; organized crime; risk to health of Canadians or excessive demand on health services; misrepresentation; inability to financially support yourself or your dependents; and non-compliance with the IRPA (for example, overstaying the time you are permitted to remain in Canada).

Individuals believed to be inadmissible to Canada have a report written against them. The merits of the report are reviewed at an inadmissibility hearing before the Immigration and Refugee Board (IRB), which is a quasi-judicial independent tribunal. For those who are found inadmissible, a removal order is issued against them. Every foreign national ordered to be removed from Canada is entitled to due process before the law. All removal orders are subject to various levels of appeal. Foreign nationals have the right to file an application for leave and judicial review before the Federal Court, accompanied by a stay motion, throughout the process. Permanent residents subject to a removal order also have a right of appeal to the Immigration Appeal Division of the IRB. Removals cannot be enforced until all pending legal avenues have been exhausted.

The CBSA prioritizes its removals based on a risk management regime:

• Priority 1: Security, organized crime, crimes against humanity, serious criminals, criminals, and failed irregular arrival refugee claimants
• Priority 2: Failed refugee claimants
• Priority 3: All other inadmissible persons

The CBSA's ability to remove foreign nationals is contingent on foreign government cooperation. Despite international obligations to accept the return of their nationals, a number of countries have laws and policies that create obstacles for obtaining travel documents and prevent the CBSA from completing removals. For example, some countries do not help confirm the identity of their nationals, or have laws and policies in place on citizenship revocation that are contrary to international law. As a result, this lack of collaboration is contributing to the number of failed refugee claimants that remain in Canada, which creates a challenge for the CBSA to maintain previous removal levels and undermines program integrity.

To address travel document challenges, the CBSA is consulting with its international partners to share best practices on how to gain cooperation from recalcitrant countries.

In the 2018 to 2019 fiscal year, the CBSA removed 9,669 individuals from Canada and, as of February 18, 2020, has removed 9,224 individuals in 2019 to 2020. These represent the highest removal numbers in the last 4 years for the Agency.

Under the current refugee determination system, the CBSA aims to remove failed refugee claimants within 12 months of the IRB's final negative refugee determination. This objective is supported by a one-year bar on post-claim recourses, the pre-removal risk assessment and humanitarian and compassionate applications. Individuals with no impediments are removed as soon as possible once all legal avenues of recourse have been exhausted. The lack of cooperation by some home countries to provide travel documents continues to be the primary impediment to removal.

Budget 2018 included $173 million over 2 fiscal years to ensure that processing of asylum-seekers continues to happen securely, effectively and expeditiously. This included $7.5 million to the CBSA to ensure that once a rejected refugee claimant has exhausted all legal avenues of appeal, and all administrative requirements are met, the individual can be promptly removed. In Budget 2019, the CBSA received $381.8 million over 5 years and $7.3 million in ongoing funding to support the implementation of the Border Enforcement Strategy and to help increase asylum system capacity, strengthen processes at the border, and accelerate claim processing. This included $83.3 million over 3 years to increase capacity (for example, litigation costs, charter flights, staffing level increase with a peak of 111 full-time employees in 2021 to 2022) to remove failed claimants from Canada based on the projected increase in failed claimants.

Minors in Canada's immigration detention system

Proposed response

The detention or housing of minors is an issue of paramount importance and a measure of last resort.

The best interest of the child is always a primary consideration. The CBSA actively and continuously seeks alternatives to detention, such as placement with family members, when the release of a parent/legal guardian is not appropriate.

In November 2017, a Ministerial Direction was issued to the CBSA with the key objective of keeping families together and minors out of detention centres to the greatest extent possible.

To effect its implementation, the CBSA issued simultaneously its National Directive for the Detention or Housing of Minors to guide its officers in making detention case decisions that achieve better and consistent outcomes for minors.

The CBSA has observed a decrease of 57% in the number of unaccompanied minors detained since the implementation of the National Directive for the Detention or Housing of Minors.

When a minor is housed or detained, the CBSA ensures that they have the proper access to programs and services, including access to health care services, outdoor and indoor recreation, and proper nutrition that caters to special dietary needs. Minors that are in Immigration Holding Centres for periods in excess of 7 days are provided with educational programming.

Families have separate living and sleeping quarters, washroom and laundry facilities and Immigration Holding Centres readily provides other necessities as required.

The CBSA continues to take measures to ensure decision-making is transparent in all cases through management oversight and systematic public reporting.

If pressed

Over the past 5 years, the numbers of minors housed with their parents or detained has been reduced by 49.1%. Out of those, 94% were minors housed with a parent or legal guardian and 6% were unaccompanied minors detained.

In 2018 to 2019, 118 minors were detained or housed with parents or guardians. Of this population, 61% of the minors were accompanying a parent/guardian detained on grounds of identity. From April to December 2019, one unaccompanied minor was detained.

In 2018 to 2019, the average length of time a minor was housed or detained was 18.6 days, and the median length of stay was 9 days.

The CBSA is also working to reduce the number of detainees, including adults with minor children, through its expanded suite of Alternatives to Detention (ATD). Alternatives to Detention may include, among other tools, releasing individuals on reporting conditions or upon acceptance into a community supervision program.

Background

The detention of a minor under Section A55 of the Immigration Refugee Protection Act (IRPA) is exceptional and a measure of last resort. A detained minor has access to the same legislative scheme under the IRPA that any other foreign national or permanent resident would have and the Federal Court is a bona fide option for recourse related to any immigration proceeding.

The vast majority of minors at CBSA Immigration Holding Centres (IHCs) are being "housed" with their parent(s) at the request of the parent(s), which has been determined to be in their best interests. Minors being "housed" have the ability to leave the facility at any point in time with the parent(s) consent.

The CBSA does not separate a minor from their parent unless it is in the best interest of the child (for example, for their health and safety) and every effort is made to preserve the family unit by finding a reasonable and appropriate alternative to detention or alternative arrangement (for non-detained/housed minors). Where this is not possible and a parent is held in detention, a non-detained child may be "housed" at an Immigration Holding Centre (IHC) with the parent upon the parent's request and consent.

Where a minor is housed or detained, the CBSA ensures that they have the proper access to programs and services. In accordance with international obligations: minors have access to health care services (for example, nurse, doctor, psychology and psychiatric supports); outdoor and indoor recreation, which includes a play/game room with toys, books, board games, and proper nutrition (which aligns with Canada's Food Guide) that also caters to special dietary needs (food allergies, halal diet, etc.). Families have separate living and sleeping quarters, washroom and laundry facilities and the IHC readily provides cribs, diapers and other products as needed. Minors that are in IHC facilities for periods in excess of seven (7) days are provided with educational programming.

CBSA officers have a breadth of experience in interviews to determine the needs of a minor enshrined in the IRPA and in the Immigration and Refugee Protection Regulations. At first contact (with a minor), a detailed report is completed by the officer that includes a Best Interest of a Child (BIOC) assessment. This includes consideration of, on a case by case basis, personal information, a case synopsis, measures that may mitigate detention, and all Alternatives to Detention (ATDs).

On August 15, 2016, the Government of Canada committed up to $138 million to transform Canada's immigration detention system by investing in IHCs, expanding ATDs and partnerships, and increasing transparency. New and retrofitted IHCs in Surrey and Toronto are scheduled to open in early 2020, and a new IHC in Laval is expected to be completed by fall 2021.

The CBSA's National Directive for the Detention or Housing of Minors (ND), issued following the Ministerial Direction in 2017, was developed through extensive consultation with key partners, such as the Canadian Council for Refugees, the University of Toronto, the Canadian Red Cross Society and the United Nations High Commission for Refugees.

Fewer minors were detained or housed with parents or guardians in 2018 to 2019 (118). This represents a 21.9% decrease compared to 2017 to 2018 (151) and a 49.1% drop over the past 5 years (232 in 2014 to 2015). In 2018 to 2019, 61% of the minors housed or detained were accompanying a parent/guardian detained on grounds of identity. This can generally be attributed to a constant flow of individuals entering Canada between ports of entry and who may not possess identity documents.

Quebec region held the majority of minors in Fiscal Year 2018 to 2019 (107 minors/91%) of which 10 were detained and 97 housed with a parent or guardian. This is attributable to minors arriving irregularly between ports of entry in Quebec.

In November 2019, the Canadian Council for Refugees (CCR) published a report critical of the CBSA's efforts to improve the housing or detention of minors in accordance with the 2017 National Directive. This report is based on 2018 to 2019 statistics and presents anecdotes of children or parents in detention or separated from their families. It calls out the fact that over 91% of all children housed or detained are in the Quebec region, with parents/guardians who are being detained for identity purposes. The CBSA has not provided a formal response to this report, but acknowledges the report and the important relationship it has with the CCR. The higher number of irregular arrivals in Quebec arriving between ports of entry without identity documents coupled with serious credibility concerns can be directly linked to the increased detention or housing of minors in Quebec. In 2018 to 2019 from all the irregular arrivals across Canada, 91% entered between the ports of entry in Quebec (Roxham Rd). Of these arrivals, only 2% were detained of which approximately 62% were detained for identity purposes. This phenomenon is not occurring to the same extent elsewhere in Canada.

Detention statistics for the years 2012 to 2019 relating to accompanied and unaccompanied minors are posted publicly on the CBSA website.

Safe Third Country Agreement

Subject: An overview of the Safe Third Country Agreement as there has been a significant influx in the last few years of asylum seekers crossing from the U.S. to Canada on foot. These asylum seekers are crossing the border between ports of entry (POE) thereby avoiding the application of the Safe Third Country Agreement (STCA), which is generally a means of preventing persons from entering Canada from the U.S. from making a refugee claim at the land border. Since 2017, asylum claimants have entered Canada irregularly (between POEs) in increasing numbers to evade application of the Agreement, adding significant pressures to the in-Canada asylum system.

Speaking points

The STCA was signed in 2004 by Canada and the U.S. in recognition that both countries share a mutual responsibility to protect human rights and fundamental freedoms. Both Canada and the U.S. have benefited from a long history of mutual cooperation on issues relating to border integrity.

When the STCA was negotiated its application was limited to land border POEs for operational reasons, including the ability of officers to visually confirm arrivals from safe third countries.

We continue to be in contact with the U.S. Government, as well as the Department of Homeland Security and the U.S. State Department, on issues relating to our shared border, including the STCA.

Budget 2019 invested $1.18 billion to nearly double the capacity of Canada's asylum system over the next two years, including additional resources to manage effectively the influx of irregular migrants across Canada's border.

Legislative amendments were also made to the Immigration and Refugee Protection Act (IRPA) in June 2019 to prevent individuals who have previously claimed asylum in certain countries from making a subsequent claim in Canada (for example, the United States, United Kingdom, Australia and New Zealand).

While the volume of asylum claimants entering Canada between POEs decreased in 2019 by almost 20% in comparison to the same period over the previous year, there were 14,850 crossed between POEs where the STCA does not apply, and experience has shown trends are difficult to predict or explain.

Background

Safe Third Country Agreement

The Safe Third Country Agreement (STCA) was signed by Canada and the U.S. and it has been in effect since December 2004. Under the STCA, persons who are seeking refugee protection must make a claim in the first country they arrive in (U.S. or Canada), unless they qualify for an exception to the Agreement.

The primary objectives of the STCA are to enhance the orderly handling of refugee claims, strengthen public confidence in the integrity of our refugee systems, and share the responsibility for providing protection to those who meet the refugee definition.

The STCA applies to asylum claimants who are seeking entry to Canada from the U.S. at a land port of entry. The Agreement does not apply to U.S. citizens or to those who arrive from the U.S. by sea or air. It also does not apply to claims made by people who have entered Canada between the ports of entry. Persons who are not eligible to make an asylum claim at the land port of entry under the STCA are immediately returned to the U.S.

The STCA contains several exceptions including: claimants with family in Canada; unaccompanied minors; holders of certain Canadian documents (such as visas or work or study permits); and public interest exceptions.

[Redacted]

Federal Court Challenge

In 2017, three applicants filed an application for leave and judicial review with the Federal Court challenging the STCA.

The applications were consolidated, and a hearing was heard on November 4 to 8, 2019.

The Court has reserved its decision, and while there is no timeline for when the Court will rule on the case, a decision is expected within 6 to 12 months. [Redacted]

External review of the CBSA (PS note included)

Subject: An overview of Bill C-3 (former Bill C-98), which was introduced in the House of Commons on January 27, 2020.

Speaking points

Bill C-3 would create the Public Complaints and Review Commission, which would have the ability to review, on its own initiative or at the request of the Minister, any non-national security activity of the CBSA.

This new review body would augment the Agency's own efforts to resolve complaints by providing an independent avenue for complainants.

The CBSA continues to address complaints and concerns through its current recourse programs to ensure that the public continues to receive consistent, fair and equal treatment when receiving services at the border.

The Agency is now subject to external review of its national security and intelligence activities by the National Security and Intelligence Committee of Parliamentarians and the National Security and Intelligence Review Agency.

Background

Budget 2019 announced $10.86 million over 5 years and $2.82 million ongoing for the Canada Border Services Agency (CBSA) to establish an independent review body for the CBSA.

Following the Budget announcement, on May 7, 2019 the then Minister of Public Safety introduced Bill C-98, An Act to amend the Royal Canadian Mounted Police Act and the Canada Border Services Agency Act and to make consequential amendments to other Acts. The Bill would expand the mandate of the existing Civilian Review and Complaints Commission (CRCC), an independent review and complaints body for the Royal Canadian Mounted Police (RCMP), to include review of the CBSA, and rename it the Public Complaints and Review Commission (PCRC).

The Bill received all-party support and passed the first reading at the Senate; but did not complete the legislative process before the dissolution of Parliament in September 2019.

Bill C-3 (former Bill C-98), An Act to amend the Royal Canadian Mounted Police Act and the Canada Border Services Agency Act and to make consequential amendments to other Acts, was introduced on January 27, 2020. The new independent review body will have the authority to review complaints related to CBSA services, including employee conduct, initiate systemic reviews of non-national security CBSA activities and programs, and review the Agency's responses to serious incidents (for example, serious injury or death occurring in custody).

There have been several calls from stakeholders and the Senate to improve CBSA accountability and transparency. Media coverage of border issues has also questioned the accountability mechanisms for the CBSA, especially over serious incidents (for example, deaths in custody).

The CBSA is currently the only law enforcement agency under the Public Safety portfolio without an independent review and complaints function, and Canada is the only member of the Border Five without an independent review body for its border agency.

While the CBSA has had an internal recourse function for complaints for many years, it is not seen as "arms-length" from the Agency's operations.

CBSA will work in collaboration with its partners to advance the initiative under the lead of Public Safety.

Current complaints mechanism

The CBSA uses its Enhanced Complaint Mechanism (ECM), a public feedback mechanism that provides an accessible and transparent means to address written service or program-related compliments, comments and complaints. This function is currently managed internally by the CBSA Recourse Directorate.

Each year, the CBSA's Recourse Directorate receives approximately 2,500 complaints concerning employee conduct and service (for example, delays at the border). There is currently no mechanism to request an independent review of most of these complaints from the public, including detainees in Immigration Holding Centres. Complaints about conduct and the service provided by CBSA officers are handled internally.

Externally, independent mechanisms exist to review decisions of the CBSA and hold it to account for its decisions. Some examples include: the Office of the Auditor General of Canada, the Canadian Human Rights Commission, Federal and Provincial Courts and tribunals, such as the Canadian International Trade Tribunal and the Human Rights Tribunal. With respect to immigration matters, individuals have appeal mechanisms and may challenge CBSA enforcement actions or inadmissibility decisions taken under the Immigration and Refugee Protection Act (IRPA). Decisions made under IRPA are rendered by the quasi-judicial Immigration and Refugee Board (IRB). The IRB has sole jurisdiction to release or continue detention. Should the outcomes of these processes not satisfy an individual, application for leave and judicial review at the Federal Court are available in most instances. Finally, with respect to national security and intelligence activities, the CBSA is subject to external review by the National Security and Intelligence Committee of parliamentarians (NSICOP) and the National Security and Intelligence Review Agency (NSIRA).

CBSA review body (PS note)

Proposed response

The Government of Canada recognizes that robust accountability mechanisms improve public trust in Canada's public safety institutions.

The Government intends to create an independent review and complaints mechanism for the Canada Border Services Agency by building upon the existing Civilian Review and Complaints Commission that currently serves as the review agency for the Royal Canadian Mounted Police.

To reflect this new role, it will be renamed the Public Complaints and Review Commission. This Commission will be responsible for handling reviews and complaints that are not related to national security activities, for both the CBSA and the RCMP.

An independent review mechanism for the CBSA will ensure that the public can continue to expect consistent, fair and equal treatment when receiving services at the border.

If pressed

I have made arrangements to meet with CBSA Union representatives, as their perspectives and opinions on the Bill are important to the creation of a mechanism that will review complaints on CBSA employee's conduct and level of service.

I look forward to the work of the committees and working through the parliamentary process to ensure that we develop the best possible legislation to serve all Canadians.

Budget 2019 proposed $24.42 million over 5 years and $6.83 million ongoing, to create an independent review and complaints mechanism for the CBSA.

Background

With a staff of approximately 14,000, the Canada Border Services Agency (CBSA) delivers a wide range of integrated border services at over 1,000 locations, including 117 land-border crossings, 13 international airports, as well as 39 international offices. The CBSA's activities facilitate the efficient flow of people and goods, and support Canada's national security and public safety priorities. As part of its responsibilities in managing the border, the CBSA administers more than 90 acts, regulations, and agreements, many of them on behalf of other federal departments and agencies, provinces and territories.

In carrying out their responsibilities, CBSA employees have contact with Canadian citizens, permanent residents, visitors to Canada, and the trade community. In 2018 to 2019 alone, CBSA employees interacted with over 96 million travelers, processed over 19 million commercial shipments and processed over 54 million courier shipments.

Each year, the CBSA's Recourse Directorate receives approximately 2,500 complaints concerning employee conduct and service (for example, delays at the border). There is currently no mechanism to request an independent review of most of these complaints from the public, including detainees in Immigration Holding Centres. Complaints about conduct and the service provided by CBSA officers are handled internally.

There have been several calls from stakeholders and the Senate to improve CBSA accountability and transparency. In 2015, Bill S-205, An Act to Amend the CBSA Act, was introduced. It proposed the creation of an inspector general to consider complaints made by individuals who claim to have been wronged by the CBSA. In May 2016, during an appearance before the Standing Senate Committee on National Security and Defence (SECD), the then-Minister of Public Safety, Ralph Goodale, expressed support for the intent of the Bill, but not the Bill itself.

Negative media coverage has also raised the question of appropriate accountability. This has been documented via reporting on the deaths of persons detained under authority of the CBSA since 2003. Proponents of an independent review body for the CBSA have pointed that its creation would improve accountability and public confidence in the CBSA by establishing service standards and reporting on complaints and review activities.

In Budget 2019, the Government proposed to amend the CBSA Act, the Royal Canadian Mounted Police Act and other Acts, as required, to expand the Civilian Review and Complaints Commission (CRCC) to act as an independent review body for the Royal Canadian Mounted Police and the Canada Border Services Agency.

On May 7, 2019, the then-Minister of Public Safety introduced Bill C-98, which would have created the Public Complaints and Review Commission (PCRC) by expanding the CRCC to handle reviews and complaints for both the CBSA and the RCMP. Complaints from the public about the conduct of CBSA officers and the quality of services provided would be addressed to the new PCRC. It would also have the ability to review, on its own initiative or at the request of the Minister, any non-national security activity of the CBSA. The National Security and Intelligence Review Agency (NSIRA) is responsible for the review of the CBSA's national security activities following the coming-into-force of the relevant portions of Bill C-59. Bill C-98 passed third reading at the House of Commons and was in first reading in the Senate when Parliament was dissolved in fall 2019.

As announced in the Minister of Public Safety and Emergency Preparedness Mandate Letter, the Minister of Public Safety reintroduced Bill C-3 An Act to amend the Royal Canadian Mounted Police Act and the Canada Border Services Agency Act and to make consequential amendments to other Acts, on January 27, 2020, to create a review body for the CBSA.

Combatting money laundering

Subject: An overview on CBSA's efforts to combat trade-based money laundering in Canada.

Speaking points

Canada takes a comprehensive and coordinated approach to combatting money laundering, terrorist financing and organized crime.

Trade-Based Money Laundering is the process of disguising proceeds of crime and other illicit financial flows as legitimate trade transactions.

It fuels global crime and terrorism, corruption.

This deprives countries of revenues and undermines legitimate economic competition. By some estimates, the trade fraud that underlies Trade-Based Money Laundering costs the global economy between 1-7% of annual Gross Domestic Product, and comprises over 80% of global illicit financial flows.

CBSA is in the process of establishing a Trade Fraud and Trade-Based Money Laundering Centre of Expertise, which will be operational by April 2020.

The new Centre will strengthen the Agency's ability to identify and investigate complex trade fraud, as well as refer cases to Canadian federal police.

This initiative will support whole-of-government efforts to enhance the safety and security of Canadians, and the protection of the integrity of Canada's financial and trade systems.

Background

Canada takes a comprehensive and coordinated approach to combatting money laundering, terrorist financing and organized crime. Money laundering is a threat to Canadians' safety, security and quality of life, and harms the integrity and stability of the financial sector and the broader economy. There are growing concerns that illicit funds are finding their way into the Canadian economy through channels that millions of Canadians rely on, including via international trade.

Given the evolving threat environment, the Canadian Anti-Money Laundering / Anti-Terrorist Financing (AML/ATF) Regime is reviewed and strengthened regularly to ensure it is appropriately aligned with international standards and continues to effectively counter money laundering and terrorist financing. A gap that has been identified in the Regime is the limited investigation and prosecution of Trade-Based Money Laundering (TBML).

Budget 2019 announced $162 million over 5 years and $19 million ongoing to support a whole-of-government approach to strengthening the Government of Canada's capacity within 6 federal organizations (Department of Finance, Public Safety and Emergency Preparedness, FINTRAC, Department of Justice, Statistics Canada, and CBSA) to better share and analyse financial intelligence, and undertake planning to design longer term initiatives for combatting these types of financial crimes.

Of the total funding announced in Budget 2019, $28 million over 5 years and $10 million ongoing has been earmarked for CBSA to create a Trade Fraud and TBML Centre of Expertise.

This initiative will bring together CBSA experts in both National Headquarters and regional offices across Canada. These officers will improve the Agency's ability to identify, interdict, and investigate the customs trade fraud offences that allow TBML to occur.

The Centre will also generate increased intelligence and investigative referrals to the Public Safety Canada-led anti-money laundering Action, Coordination and Enforcement (ACE) Team and the Royal Canadian Mounted Police (RCMP) when TBML is suspected. This initiative is also expected to result in increased Agency referrals to other government departments, such as the Canada Revenue Agency, for related offences such as tax evasion.

It is expected that steps by the CBSA to enhance its capacity to respond to trade fraud and TBML would be welcomed by international and domestic security partners, multi-lateral and non-governmental organizations with a trade mandate, as well as private sector financial institutions and Canadian international trade chain stakeholders.

National security screening

Proposed response

The CBSA's National Security Screening Program contributes to the safety and security of Canadians by identifying foreign nationals seeking entry into Canada who are inadmissible and may represent a risk.

The CBSA works with domestic and international partners to identify persons who may be inadmissible to Canada under the Immigration and Refugee Protection Act for a variety of reasons including, but not limited to, terrorism, espionage, human rights violations and organized crime.

In 2018 to 2019, an investment of $6 million allowed the CBSA to reduce the number of individuals awaiting security screening.

The CBSA further received $381.8 million over 5 years and $7.3 million in ongoing funding through Budget 2019 to support the implementation of the Border Enforcement Strategy.

This includes up to $6 million over 2 years, to conduct security screening assessments, to identify inadmissible adult refugee claimants.

These investments have permitted the CBSA to implement system improvements, process enhancements, and reduce a backlog for individuals awaiting their hearing.

If pressed on permanent resident referrals

The CBSA's national security screening inventory has stabilized after experiencing a workload surge, resulting in a significant backlog which peaked in March 2018, at 30,681 cases.

As of February 3, 2020, the backlog and inventory combined at 8,914 cases, which represents a 70.2% reduction from peak.

Background

The Canada Border Services Agency's (CBSA) Immigration Security Screening Program is responsible for screening temporary and permanent resident applicants, including refugees from abroad selected for resettlement by Immigration, Refugees and Citizenship Canada (IRCC). The CBSA also conducts mandatory national security screening on all adult-in Canada asylum claimants, and those that present at a Canadian port of entry.

Applications are referred to the CBSA on the basis of established indicators which are mutually agreed upon by security partners. All adult in-Canada asylum seekers are referred for mandatory security screening.

The CBSA's national security screening inventory is currently trending towards stabilization after experiencing a workload surge, which resulted in a significant backlog that peaked in March 2018, at 30,681 cases. As of February 3, 2020, the backlog and inventory combined at 8,914 cases which represents a 70.2% reduction from peak.

The CBSA has achieved a significant reduction of its overall inventory. Since May 2018, on a national level, zero percent of postponements of refugee protection hearings at the Immigration and Refugee Board were attributable to delayed national security screening recommendations.

Factors that have contributed to the inventory growth include:

• increasing immigration levels
• special operations
• irregular migration at the Canada-US land border beginning in April 2017
• increase of in-Canada refugee claims and at ports of entry
• increase in tourism, trade, international students, and official delegations

The CBSA has implemented and is continuing to explore initiatives designed to maximize efficiency and streamline effectiveness. These initiatives include, but are not limited to:

• better leveraging of existing, and exploring of new technology
• streamlining security screening for low risk referrals
• examining effectiveness of referral indicators
• identifying opportunities to reduce process duplication with partners

Investments into national security screening

The CBSA has been actively implementing many security screening program improvements since November 2017. Increases in the Multi-Year Level Plan (MYLP) funding, irregular migration funding, funding for security screening activities related to the G7, and reallocated internal resources allowed the CBSA to reduce the number of individuals awaiting security screening. These increases contributed approximately $6 million in 2018 to 2019.

This funding facilitated the CBSA's National Security Screening Division's implementation of an evergreen Backlog Reduction and Transformation Action Plan to reduce the number of cases awaiting national security screening and to improve the business processes to increase effectiveness and efficiency at multiple points within the program. The Action Plan includes various internal process improvements, increased communication with partners, better leveraging of existing technologies, investment in information technology maintenance, targeted use of overtime, and collaboration with IRCC to increase the quality of temporary resident and permanent resident applicant referrals for national security screening.

In Budget 2019, the CBSA received $381.8 million over 5 years and $7.3 million in ongoing funding to support the implementation of the Border Enforcement Strategy, which includes up to $6 million over 2 years (fiscal year 2019 to 2020 to fiscal year 2020 to 2021) to conduct security screening assessments for all adult refugee claimants to identify individuals who may be inadmissible on serious grounds (for example, security, organized crime, war crimes and crimes against humanity).

Examinations of E-Devices

Proposed response

We support the report of the Privacy Commissioner regarding the Examination of Travellers' Digital Devices at the Border.

We recognize that travellers' digital devices are a type of good that may contain personal information, and therefore, the CBSA has measures in place to ensure that the privacy of travellers is protected.

The Customs Act provides the CBSA with the authority to examine all goods at the border for customs-related purposes.

It should be noted that examinations of digital devices are performed occasionally with the clear goal of administering or enforcing the CBSA's mandate and program legislation that governs the cross-border movement of people and goods.

Between November 2017 to December 2019, only 0.013% of the over 207 million travellers to Canada underwent an examination of their digital devices (approximately 13 out of every 100,000 travellers).

Of the devices examined, the CBSA uncovered non-compliance with border laws in approximately 40% of their examinations.

In addition, the CBSA has already addressed a number of the Commissioner's recommendations through the release of a more comprehensive policy, which includes:

• introducing mandatory training for recruits and existing officers on the examination of digital devices
• implementing oversight and compliance monitoring mechanisms
• tracking and reporting on the number of digital device examinations

The CBSA is also reviewing the proposal for legislative amendments provided by the Commissioner.

Background

To date, the Office of the Privacy Commissioner (OPC) has received 7 complaints and one discontinued complaint against the Canada Border Services Agency's (CBSA) examination of digital devices. The CBSA responded to each of these complaints when they were initially submitted and considered the issues raised when drafting the new policy on the Port of Entry Examinations of Travellers' Digital Devices.

Of these 8 complaints, the OPC selected 6 from Canadian citizens to investigate collectively which formed the basis of the OPC's Report of Findings. In the Report, the OPC found that these all 6 complaints were "well founded" and that the Agency contravened sections 4 and 6(1) of the Privacy Act in 2 of the complaints examined. The CBSA disagreed with the OPC's findings in 5 of the complaints, however, the Agency acknowledged that in one complaint, the information collected was improperly gathered. Steps have been taken to correct this, including expunging the information in question from CBSA systems.

In the Report, the OPC makes 9 recommendations; 6 policy-related and 3 proposing legislative changes. The CBSA agreed to implement all 6 of the policy-related recommendations and, therefore, the OPC considers the issues identified in their report resolved. In addition, though the CBSA did not accept the legislative recommendations, the OPC recognizes "that legislative reform is a Parliamentary matter and is outside the CBSA's authority."

The recommendations the CBSA will be implementing are:

• introducing mandatory training for recruits and existing officers on the examination of digital devices
• implementing oversight and compliance monitoring mechanisms
• conducting an audit into the new comprehensive policy on the examination of digital devices
• updating the CBSA Enforcement Manual to include the new policy
• providing greater transparency about its digital device examinations procedures to the public
• tracking and reporting on the number of digital device examinations

The CBSA is looking closely at the OPC's recommendations on legislative amendments, to determine how best to proceed. The recommendations under review are:

• changing the definition of goods in the Customs Act to exclude digital devices
• writing CBSA policy into the Customs Act, imposing a threshold on the examination of digital devices
• raising the threshold for digital device examinations to "reasonable grounds to suspect"

One of the most fundamental methods of meeting the mandate of the CBSA is through the examination of goods crossing the border. This is key to classifying goods, assessing the value for duty, collecting duty and taxes, determining the admissibility of goods, ensuring compliance with the law of Canada, detecting non-compliance, and providing a deterrent against non-compliance.

Government measures to reduce gun violence

Proposed response

In 2019 to 2020 Main Estimates appropriated $42 million to take action against gun and gang violence:

• Public Safety received $23.7 million for leadership and coordination of the Initiative to Take Action Against Gun and Gang Violence (ITAAGGV), with the majority of funding provided to provinces and territories for further distribution to partners to support programs in priority areas in local jurisdictions
• RCMP received $6.1 million to produce intelligence reports, promote stakeholder engagement, collaboration and outreach, build capacity to prevent and intercept illegal firearms in Canada, and provide tools, equipment and training to prevent entry of illegal commodities
• The Canada Border Services Agency (CBSA) received $12.2 million to enhance the operational response by providing the Agency with greater capacity to screen passengers and examine commercial shipments

The portfolio is not seeking any additional appropriation in 2019 to 2020 Supplementary 'B' Estimates, however, the annual transfer of $1.7 million from the RCMP to the CBSA will be made to administer provisions of Section 35 of the Firearms Act, to enable non-residents who do not possess a firearm licence to temporarily import non-prohibited firearms.

Main Estimates 2020 to 2021 seeks:

• $25 million to the Gun and Gang Violence Action Fund to be distributed by Public Safety to provinces and territories to advance efforts in areas of prevention, gang exit, outreach and awareness training, enhanced intelligence and sharing, and increased law enforcement capacity
• $17.3 million net increase for the Canada Border Services Agency (CBSA) to, amongst others, expand the use of hand-held and pallet sized x-ray technology and contraband tools, to construct and maintain an all-weather facility for its detector dog teams

In 2020 to 2021, the RCMP will be provided $5.4 million in funding to enhance its' capacity to support investigations through the provision of nationwide firearms support services, firearms inspections and identification, intelligence development and analysis, and access to specialized databases and training.

The Youth Gang Prevention Fund through the National Crime Prevention Strategy will be provided $2 million in funding in 2020 to 2021.

If pressed

In Budget 2018, the Government announced federal investments of up to $327.6 million over 5 years, and $100 million ongoing to help support a variety of targeted initiatives that will help combat gun and gang violence.

The provinces and territories will receive the majority of this funding, a little over $214 million over 5 years, to bolster local prevention, gang exit, outreach and awareness programming, collaboration to enhance intelligence sharing, as well as law enforcement capacity in priority areas of each jurisdiction.

$86 million over 5 years is being provided to the RCMP and the CBSA to enhance firearms investigations and strengthen border controls.

Background

Budget 2018 invested up to $327.6 million over 5 years to establish The Initiative to Take Action against Gun and Gang Violence (ITAAGGV). It is a horizontal initiative led by Public Safety Canada (PS) with the Canada Border Services Agency (CBSA) and the RCMP.

The majority of financial resources, approximately $214 million over 5 years, are allocated to provinces and territories (PTs) to combat the issue of gun and gang violence in communities across Canada by distributing to partners within their jurisdiction that can help:

• Develop and deliver gun and gang violence prevention and intervention initiatives
• Enhance law enforcement and prosecution capacity to address gun and gang violence
• Support data gathering/reporting, and research, knowledge development and information around gun and gang violence
• Provide training for enforcement, prevention or other professionals
• Support for the development/refinement of strategies on gun and gang violence and the measurement of results of initiatives

In 2020 to 2021, the bulk of the funding provided to PS is Vote 5 (Grants and Contributions), totaling approximately $44.5 million. PS also receives Vote 1 (O&M) funding of approximately $3 million to administer the grants and contributions, conduct research and enhance federal leadership in addressing gun and gang violence.

Through the ITTAAGV, an additional $2 million will fund initiatives in 2020 to 2021 under the Youth Gang Prevention Fund as part of the $8 million allocation over 4 years that began in 2019.

Royal Canadian Mounted Police

$34.5 million over 5 years is provided to the RCMP, with $5.4 million in 2020 to 2021, to support the new Integrated Criminal Firearms Initiative (ICFI) which expands the services available to law enforcement by enhancing several capabilities to better combat the use of illegal firearms and improve the national collection, analysis and sharing of firearms-related intelligence and information. More specifically, the ICFI includes new resources to:

• Enhance the National Weapons Enforcement Support Team (NWEST)'s investigative support capacity across Canada
• Identify and support intelligence-development related to street gangs within the Criminal Intelligence Service Canada, as well as enhance both the regional intelligence footprint and analytical capacity to provide actionable intelligence in support of enforcement within the National Intelligence Coordination Centre
• Develop and anonymous online capacity that will gather intelligence on online firearms trafficking and smuggling

The Canada Border Services Agency

$51.2 million is provided to the CBSA over 5 years to enhance their capacity to stem the flow of inadmissible travellers and illegal firearms from entering Canada at vulnerable points of entry and through processing postal facilities. In 2019 to 2020, the CBSA received $12.2 million (excluding EBP) through the 2019 to 2020 Main Estimates and was invested in establishing the Detector Dog Program, developing and delivering the Advanced Vehicle Concealment Techniques Course, finalizing designs and details for the RFP that will be tendered for the construction and maintenance of the all-weather facility, as well as procured various equipment (handheld devices, vehicles, trace detection tools and small tool kits) to enhance air cargo security and pallet imaging.

As part of the ITAAGGV, the CBSA received $12.2 million in 2019 to 2020 to improve border operations through measures aimed at enhancing the CBSA's capacity to detect and interdict illegal firearms at the border. Here are some of the key deliverables and success stories for each of the 4 categories of CBSA initiatives part of the ITAAGGV since it rolled out:

1. Air Cargo Security (Large X-Ray for Pallets) to enable the CBSA to increase capacity to examine in the air mode
   • $55.88 million over 7 years and $4.05 million ongoing
   • 2019-2020 Deliverables: Purchase of detection technology:
     • small tools (4 units)
     • Trace detection (4 units)
     • Contraband Outfitted Mobile Examination Truck (COMETs) (10 units)
     • Hand-held x-ray devices (18 units)
   • Success stories:
     • Planning is underway for the Procurement of pallet x-rays in 2019, with deployment to start planned in 2020
     • Procurement of small tools, trace detection and COMETS and hand held x-ray devices (36 in total) in 2019, with deployment planned for 2020
2. Additional Detector Dogs and All Weather Facility (AWF) to increase Agency capacity to accommodate detector dog training and kenneling needs
   • $16.68 million over 7 years and $1.22 million ongoing
   • 2019 to 2020 Deliverables: AWF planning and approval and project management services contract
   • Success stories:
     • Five new Detector Dog teams deployed in 2019
     • Procurement and deployment of detector dog vehicles in 2019, with deployment planned for late 2020
     • Construction of the AWF is planned to start in the summer of 2020
3. Dual-View X-ray technology (Postal Mode) to enhance Agency ability to screen significantly increased volumes of mail items at all postal facilities
   • $10.83 million over 7 years & $1.21 million ongoing
   • 2019 to 2020 Deliverables: Installation of 6 Dual-View X-ray devices
   • Success story: Procurement of Dual View X-ray devices in 2019, with installation planned for 2020
4. Advanced Vehicle Concealment Techniques Course to identify, detect and interdict crime guns, weapons, narcotics and illicit proceeds of crime
   • $566,000 over 7 years & $81,000 ongoing
   • 2019 to 2020 Deliverables: Course development and staffing completion and official launch
   • Success story: AVC training course is developed and is currently in pilot mode with "train the trainer" is to be completed by Summer 2020 design start up in 2019

Annual transfer – RCMP to CBSA

In 2003, CBSA took over responsibility from Revenue Canada for administering the relevant non-resident import provisions of the Firearms Act (sections 35 and 36). This included administering the Firearms Act provisions requiring non-residents that import a firearm to have a Canadian firearms licence or complete a Non-Resident Firearms Declarations (NRFD), and collecting a fee. Non-residents who do not hold a Canadian firearms licence may complete a Non-Resident Firearms Declaration at a CBSA border post to temporarily import firearms. This document serves the non-resident in lieu of a firearms licence. It is valid for 60 days, may be used for more than one entry during the validity period, and may be extended by a provincial Chief Firearms Officer.

Funding was transferred from the Department of Justice to CBSA to cover the incremental costs for these responsibilities. Management of the Canadian Firearms Program (CFP) was transferred from the Department of Justice to the newly created Canadian Firearms Centre (CFC) in 2002, and finally to the RCMP in 2006. Since this time, the RCMP-CFP has transferred $1.7 million annually to the CBSA to cover the incremental costs incurred to administer the provisions of Section 35 of the Firearms Act. CBSA processes approximately 50,000 Non-Resident Firearms Declarations per year, and in recent years has remitted approximately $1.2 million in fees annually to the Receiver General.

With respect to firearms, CBSA officers do not have the specific enforcement authority conferred directly upon them under the Firearms Act (FA) in the same manner that they do under the Customs Act (CA). Instead, CBSA's general authority with respect to all goods entering Canada under the CA applies equally to firearms. There are certain obligations in the CA with respect to goods entering Canada (including firearms) such as in relation to the reporting of goods under section 12 and the obligation to answer questions truthfully with respect to such goods under section 13 to which travellers are required to adhere. In addition, the CBSA examination authorities within sections 98 and 99 of the CA apply to, "…any goods the importation or exportation of which is prohibited, controlled or regulated under this or any other Act of Parliament." This provision is the key enabling aspect of the CA whereby the CBSA derives its examination authorities with respect to all goods (including firearms) regulated by other government departments under other Acts of Parliament (including the FA). The manner in which the CA is written (through the inclusion of the "any Acts of Parliament" provision) provides general authority with respect to any goods crossing the border without the need for a legislative reference in each of these other Acts or any other future Acts.

Section 35 of the FA requires non-residents, 18 years of age or older, to declare their firearms to a border services officer and complete the prescribed forms and (in the case of a restricted firearm) produce an authorization to transport. Beyond ensuring all goods entering Canada are properly reported and imported, the CBSA also has an obligation to ensure that imported firearms and gun parts meet all of the importation requirements according to their classification, including licencing and registration (temporary or otherwise) as specified in the FA. The CBSA's role at the border is a logical fit in relation to these activities.

The CBSA has entered into a Memorandum of Understanding (MOU) with the Canadian Firearms Program (administered by the RCMP) for the administration of Non-Resident Firearms Declarations at the border and the transfer of appropriate funds. The funds are used by CBSA headquarters for the administration of the program on behalf of the RCMP. These funds are also distributed to the regions based upon the volumes of non-resident firearms declarations processed. This operational activity is folded into regular day-to-day duties performed by the CBSA at the ports of entry. In 2018 to 2019 the CBSA completed close to 40,000 non-resident firearms declaration forms nationally. Provisions is government by a MOU that has been extended to 2022. We are working together to modernize that MOU, particularly as it relates to reporting of firearms and financial transfers between organizations.

The RCMP has the primary responsibility to administer the FA through the Canadian Firearms Program while the CBSA has the responsibility to regulate and control the importation or exportation of goods that are prohibited, controlled or regulated (including firearms, in accordance with section 35 of the FA). Given the CBSA's broad mandate at the border, the RCMP provides the CBSA with $1.7 million annually for the administration of the Non-Resident Firearm Declaration forms given that the CBSA was deemed to be best placed to administer this particular process. This process includes ensuring that temporarily imported firearms comply with all of the requirements of the FA, including reporting, licencing, registration, and completion of the Non-Resident Firearm Declaration forms. The CBSA is not opposed to these funds being permanently transferred to the CBSA and would be open to discussing this possibility when the current MOU is renewed.

Opioids (RCMP note included)

Subject: An overview of the role of the CBSA to the government's efforts to stem the illicit flow of opioids, such as fentanyl, and related substances, at the border.

Speaking points

The CBSA is aware of the risk that fentanyl and precursors pose and uses a variety of detection tools, techniques, and the latest scientific technology to interdict illicit drugs at the border.

Synthetic alternative precursors for the domestic production of fentanyl are now being imported to meet an expanding consumer demand resulting from greater governmental controls implemented in China since May 1, 2019.

In collaboration with its government partners, the CBSA continues to ensure that adequate controls are in place to combat the smuggling of toxic substances and decrease the risk of harmful opioids going undetected and entering Canada.

Background

The CBSA is responsible for providing integrated border services that support national security and public safety priorities and facilitates legitimate cross-border traffic. The CBSA works to ensure Canada's security and prosperity by managing the access of people and goods to and from Canada, and abroad, providing the services necessary to help keep Canada safe and prosperous.

The Agency plays a direct role in protecting Canadian communities, by preventing the illegal importation and exportation of controlled substances and precursor chemicals crossing our borders.

The CBSA has successfully intercepted a significant amount of fentanyl and fentanyl analogues. Between May 2016 and November 2019, the CBSA has performed 336 seizures, totalling over 42 kilograms.

Since 2018, the CBSA observed a decrease in seizures of fentanyl, but an increase in seizures of fentanyl precursors. In 2019, the CBSA recorded 13 seizures of imported fentanyl totalling 207 grams. This is a significant decrease in the number of seizures (- 45%) and quantity of products seized (-95%) compared to 2018. The CBSA is aware of 14 seizures of fentanyl precursors in 2019, a 42% increase in seizure numbers and 185% increase in quantity compared to 2018.

Fentanyl is becoming increasingly difficult to obtain due to strengthened regulations and law enforcement efforts in combating fentanyls and its precursors. China added Fentanyl Related Substances to the Supplementary list of controlled Narcotic Drugs and Psychotropic substances, which has contributed to the reduction of the illegitimate manufacturing of Fentanyl for non-medical use.

The CBSA will continue to take steps to combat this crisis by:

• implementing amendments to the Customs Act and other related acts to better equip both health and law enforcement officials to reduce the harms associated with drug and substance use in Canada
• providing employees with enhanced personal protective equipment and updating the procedures for handling highly toxic substances
• participating in the Organized Crime Joint Operations Centre whose objective is to detect, disrupt, and dismantle criminal networks and help keep illegal fentanyl our of Canada
• training detector dogs on fentanyl scent and deploying them to the field

Opioids (RCMP note)

Proposed response

Our Government is committed to addressing the opioid crisis and saving lives. That is why it passed Bill C-37, authorizing border officers to inspect, on reasonable grounds, international mail weighing less than 30 grams. A 30-gram package could contain 15,000 fatal doses.

Law enforcement is a critical pillar in the overall federal strategy by addressing illicit drug production, supply and distribution, and the smuggling of opioids across our borders.

The Royal Canadian Mounted Police has a national enforcement strategy to combat the importation, trafficking and manufacturing of illicit opioids.

The RCMP has also established an Organized Crime Joint Operations Centre, with Canada Border Service Agency and Canada Post Corporation, to identify, track and take enforcement action against the importation of illicit opioids.

Additionally, the RCMP is working closely with international law enforcement partners to curtail the opioid crisis, both domestically and internationally.

Background

Over the past few years, the Royal Canadian Mounted Police (RCMP) and law enforcement agencies across the country have reported increased seizures of illicit fentanyl and increased occurrences of overdoses and deaths due to abuse of illicit opioids. Presently, the United States (U.S.) has the most fatalities in the world linked to opioid overdoses, followed by Canada. On February 13, 2017, the Prime Minister of Canada and the President of the U.S. released a joint statement outlining their respective commitment to finding common solutions to protect Canadian and U.S. citizens from opioid trafficking.

Worldwide, criminal networks involved in the illicit opioids market are increasingly complex and transnational in nature. Criminal networks in Canada and abroad are utilizing the surface web and dark web to anonymously access a range of illegal goods and services in small quantities. Products purchased online are often shipped by post via numerous packaging techniques in an effort to disguise or circumvent detection.

The RCMP has implemented a national operational strategy to guide both intelligence and investigative efforts targeting synthetic opioid importers, distributors, online (surface and dark web) vendors, manufacturers and traffickers. Also, the Organized Crime Joint Operations Centre (OCJOC), in partnership with Canada Border Service Agency and Canada Post Corporation, leverages each agency's investigative tools to supply intelligence on both domestic and international fentanyl shipments. In particular, the OC JOC focusses on investigations where synthetic opioids are being trafficked through the mail stream.

[Redacted] the primary source country for fentanyl in Canada. Fentanyl originating from [Redacted] procured primarily from the dark and surface Internet, and is usually in powder form. New analogues can be created by making minimal changes to existing ones, making it hard for [Redacted] government regulation efforts to keep ahead of illicit drug producers. In an effort to thwart such work-arounds, in [Redacted] announced improvements to its process for scheduling fentanyl and related analogues. This will help reduce the supply and enhance enforcement efforts related to the illegal import of these substances into Canada. While [Redacted] currently remains the primary supplier for illicit fentanyl, analogues, and precursor chemicals to Canada, analysis suggests that Canada could see part of its fentanyl supply sourced from other counties.

IT outages

Subject: An overview of the recent media attention on outages to the CBSA's IT systems and services.

Speaking points

The CBSA engages stakeholders and works diligently with its partners in border service delivery to reduce both the frequency and the impact of IT outages.

When unexpected issues arise, the CBSA works diligently to process travellers in a timely manner without compromising the safety and security of Canada, and ensures its stakeholders are informed of updates and impacts.

The Agency is committed to service excellence and regularly reviews its operations to facilitate travel and trade.

Background

From May to December 2019, the CBSA tracked 41 critical IT incidents, which has decreased from 53 during the same period last year. A number of these incidents were caused by out-of-date and out-of-support hardware and software. When an incident occurs, the CBSA completes its incident analysis, and where applicable, will implement corrective measures to avoid this from recurring.

These incidents affected various CBSA lines of business, including travellers and commercial and trade. The CBSA makes every effort to ensure an adequate number of primary inspection lines are open to address volumes while at the same time maintaining normal operations such as customs and immigration services, secondary examinations, enforcement activities, and commercial processing. The CBSA uses a number of strategies to help minimize border wait times. The Agency's operational plans include the effective use of all of the resources available based on anticipated traveller and commercial volumes, which includes ensuring an adequate number of primary inspection lanes are open and staffing levels are reflective of service demand.

Multiple incidents are categorized as "multi-stream" in that they affected multiple lines of business; including a core switch failure in a Shared Services Canada (SSC) datacentre in October and an SSC Global Server failure in November.

In the third quarter of fiscal year 2019 to 2020, there was a total of 12 critical incidents the organizations responsible for critical incident root causes included SSC (5 incidents), the Royal Canadian Mounted Police (2 incidents), Immigration, Refugee and Citizenship Canada (1 incident), and the CBSA (4 incidents).

Although the CBSA tracks root causes for incidents, a number of root causes are not reported back to the CBSA by external partners. The CBSA is working to strengthen its relationships with external partners accordingly.

Furthermore, a significant number of the incidents were related to changes to IT systems and services, both by the CBSA and significant external partners (SSC). These incidents highlight the continued need to better understand change implications and to ensure that testing is both appropriate and comprehensive.

Impacts of visa-free countries

Proposed response

The Public Safety Portfolio, along with Canadian law enforcement partners across the country and abroad, are working collaboratively and proactively to monitor and respond to increased levels of irregular migration associated with visa-free travel from Mexico.

Since 2016, the CBSA has received approximately $20 million per year to manage the impact of the visa exemption for Mexican citizens.

This funding has been used to reinforce the Agency's network of International Liaison Officers and to support increased processing and asylum claims at ports of entry and inland enforcement activities.

Since the visa exemption, the CBSA augmented its permanent capacity by one international network manager and two additional liaison officers. Additionally, by the end of fiscal year 2019 to 2020, we will have deployed 8 temporary duty liaison officers of various durations (6 weeks to 6 months).

In this same period, over 7,400 Mexican nationals have been intercepted overseas for being improperly documented or for suspected travel document fraud.

If pressed (on risks and thresholds)

Since the visa exemption (December 1, 2016), Canada's immigration system has been under increasing stress due to the volumes of asylum claimants and other inadmissible persons travelling to Canada on a Mexican passport.

For example, since the visa exemption, over 11,000 asylum claims were made by persons travelling on a Mexican passport (Mexico now the 2nd top source country of asylum claimants).

Out of respect for our bilateral relationship with Mexico, I cannot comment on any set thresholds for asylum claims.

Background

On December 1, 2016, the Government of Canada lifted the visa requirement for Mexican nationals travelling to Canada. As of that date Mexican citizens, like other visa-exempt foreign nationals, have not required a visa to fly to or transit through Canada. They do, however, require a valid Electronic Travel Authorization (eTA) when travelling to Canada by air.

When the visa requirement was lifted, funding in the amount of $212 million over 5 years and $47 million ongoing was sought across all partners to manage the immigration-related risks. Ongoing pressures due to irregular migration associated with the Mexico visa exemption contributed to the Government's decision to allocate additional funding for Canada's asylum system in Budget 2019.

Trends and risks associated with the visa exemption for Mexican nationals are expected to continue. Likewise, funding pressures on the CBSA are expected to grow as the Agency manages the risks associated with these migration trends.

The CBSA will continue to work with partners to monitor and to respond to those risks to ensure the integrity of Canada's immigration system and the safety and security of Canadians.

Of note, at the time of the visa exemption, the Government set a threshold for asylum claims which would trigger a reconsideration of the visa exemption [Redacted]. However, this number should not be made public.

Rail disruptions

Proposed response

The CBSA has been working to mitigate the potential effects of the railway disruption on border operations.

For travellers, the impact at the border has been less significant. However, the CBSA is operationally ready to respond should the cancellation of Amtrak passenger trains in southern Ontario, Quebec, and Vancouver cause an increase in truck and bus volumes at nearby ports of entry.

Recent demonstrations at the Rainbow Bridge in Niagara Falls, Ontario on February 16, and on the Thousand Islands Bridge on February 17, resulted in the disruption of traffic due to the temporary closure of vehicular access points.

In both of these cases, the CBSA engaged with the bridge authorities, local police and the US Customs and Border Protection to ensure that alternate travel routes, including bridges, were available to travellers.

The CBSA continues to monitor the situation and engage stakeholders and partners to manage any rail disruptions.

To date, the impact on the border has been minimal, however, should the situation persist in the longer term, the CBSA is ready to implement operational contingency plans to address potential delays for travellers and the transport of commercial goods.

Background

Over the past 2 weeks, protesters have set up blockades on rail lines across the country (British Columbia, Ontario, Quebec) to show support for the Wet'suwet'en First Nation In British Columbia, whose hereditary leaders are opposing construction of a pipeline through their traditional territory.

Since the blockades were set up, over 400 VIA Rail passenger trains have been cancelled and a similar number of freight trains have halted. Court injunctions have been sought in all 3 provinces to end the blockades, however, the injunction in Ontario has thus far been ignored.

From a travellers perspective, the CBSA is not anticipating a major operational impact as a result of the cancellation of VIA and Amtrak passenger trains, but acknowledges that there may be an increase in truck and potentially bus traffic at POEs as a result.

From a commercial and trade perspective, the CBSA assesses the operational impact to be minimal, but notes that a shutdown of the Eastern Canada rail network could increase commercial volumes at some POEs for cargo arriving from the U.S., due to traffic being diverted from rail to land border crossings and marine ports of entry.

As the situation continues to evolve, the CBSA will continue to monitor the situation and engage stakeholders and partners to manage any rail disruptions.

Iran plane disaster

Proposed response

The downing of Flight PS752 is a national tragedy for Canada. Canada's top priorities continue to be: closure, transparency, accountability and justice.

The Government of Canada is committed to supporting the families and loved ones of the 57 Canadian victims.

We are working with international partners to ensure a thorough and credible investigation into how such a horrific tragedy could have occurred.

The Prosecutor General of Ukraine invited Canada and other affected nations to participate in a joint criminal investigation. The RCMP is in Ukraine and exploring how to support the criminal investigation that is underway.

Iranian officials have also requested the RCMP's support in identifying the victims of this tragedy, and these efforts are ongoing.

The Canada Border Services Agency (CBSA) worked with partners at Immigration, Refugees and Citizenship Canada (IRCC) and Global Affairs Canada (GAC) to coordinate and facilitate the repatriation of the victims' remains to Canada.

At Canadian ports of entry, the CBSA, in cooperation with GAC, facilitated families of victims by providing expedited clearance.

Background

On January 8, 2020, Ukrainian International Airlines flight PS752 was downed shortly after taking off from Tehran's main airport, killing all 176 people on board, including 57 Canadians. On January 11, Iran announced that it mistakenly shot down flight PS752. The statement blamed "human error" for mistakenly shooting down the aircraft, and placed all responsibility on the Iranian Revolutionary Guard Corps. Ukraine sent a team of experts to Iran to support an investigation into the crash. Canada has announced its intention to support efforts to investigate the crash, by providing technical assistance. Other countries with victims include Iran, Ukraine, Sweden, Afghanistan, and UK.

Disaster victim identification

The process of victim identification has been completed by the Iranian government; all Canadian victims have been identified. Among the victims, 13 were repatriated to Canada and the remainder were buried in Iran.

The Iranian Ministry of Foreign Affairs' Director General for Consular Affairs conveyed Iran's request for RCMP support for victim identification during the initial stages.

The RCMP assisted and established DNA profiles for family members of 7 Canadian victims.

Investigations

The Transportation Safety Board of Canada (TSB) is working with the Iranian Aircraft Accident Investigation Bureau (AAIB) to investigate the crash.

The Prosecutor General of Ukraine invited Canada and other affected nations to participate in a joint criminal investigation.

African swine fever

Proposed response

The Government of Canada is taking the threat to the Canadian pork industry posed by the outbreak of African swine fever in Europe and Asia very seriously.

The Canada Border Services Agency (CBSA) is working closely with the Canadian Food Inspection Agency (CFIA) to ensure goods that pose a threat of spreading ASF to Canada are interdicted at the border.

The CBSA has taken steps to ensure all border services officers have been made aware of the impact of African swine fever and what steps they should take if undeclared food, plant and animal products, including pork and porcine products, are found.

The CBSA has strategically deployed its resources to focus on flights arriving from central Asia, including China for the first time in 2018, as well as several European countries.

Budget 2019 announced funding of up to $31 million, distributed over the next 5 years, for the CBSA to acquire, train and deploy 24 new food, plant and animal detector dog teams.

The CBSA currently has 21 detector dog teams dedicated to the detection of prohibited food, plant and animal products, including 6 new teams that were deployed on October 11, 2019, as a result of this initiative.

The remaining 18 detector dog teams are to be trained and deployed over the next 2 years.

Detector dogs are the CBSA's best tool for detecting undeclared food, plant and animal products.

The CBSA has conducted outreach to airport authorities and has placed posters at ports of entry to raise public awareness of the African swine fever threat and the importance of declaring food, plant and animal products. The posters and graphics are displayed in multiple languages.

The CBSA's border services officers have been provided with guidance on the application of monetary penalties of up to $1,300 to travellers who fail to declare pork, pork products, or any other meat.

The CBSA seizes inadmissible pork products on a daily basis from travellers, regardless of whether it is infected with ASF. In 2019, 762 travellers were issued monetary penalties for failing to declare or illegally importing pork products.

Background

African Swine Fever (ASF) is a highly contagious viral disease affecting pigs that is spreading rapidly in Asia and Europe. ASF is routinely found in parts of Africa and, since 2007, has spread across Eastern Europe and Central Asia, including into China for the first time in 2018. If introduced to Canada, the disease would have severe consequences on Canada's $20 to 30 billion pork industry.

ASF is highly contagious and severe strains of ASF kill almost 100 percent of infected pigs, and there are no known preventative treatments or cures for the disease. There is no evidence that the ASF virus can infect humans, and it is not considered a food safety risk. The disease is unlikely to be eradicated or contained in Asia in the foreseeable future and the threat is likely to be ongoing. The full list of targeted countries is as follows: Belgium, Bulgaria, Cambodia, China, Czech Republic, Estonia, Greece, Hong Kong, Hungary, Indonesia, Italy (Sardinia only), Laos, Latvia, Lithuania, Moldova, Mongolia, Myanmar, North Korea, Philippines, Poland, Romania, Russia, Serbia, Slovakia, South Korea, Timor-Leste, Ukraine, Vietnam, and all African countries.

Pork industry stakeholders have raised concerns with the Government about the devastating economic impacts that this disease would have on our pork industry. They request that the Government of Canada take various steps to prevent ASF from entering the country, including the implementation of more aggressive border controls on any products from ASF affected countries with the disease. Stakeholders have raised a specific concern about a food, plant and animal (FPA) detector dog shortage which has been publicized in the media.

The Canadian Food Inspection Agency (CFIA) is the Government of Canada's lead in responding to ASF. CFIA has implemented strict regulatory import controls to prevent the entry of animals and their products and by-products into Canada from countries where the disease is known to occur. The Canada Border Services Agency (CBSA) is responsible for administering and enforcing CFIA regulations as they apply at the border and include screening travellers for inadmissible FPA products, and ensuring commercial shipments are released, refused, or referred for CFIA inspection in accordance with CFIA release recommendations.

CBSA border services officers can issue monetary penalties ranging from $800 to $1300 to travellers who fail to declare or illegally import FPA and related products into Canada. Given the very serious violation with respect to the smuggling of pork, a penalty of $1300 under subsection 16(1) of the Health of Animals Act has been deemed as most appropriate. The penalty is reduced by 50% if the traveller pays the penalty within 15 days.

The CFIA decided against testing seized items for the presence of ASF. However, the CBSA seizes inadmissible pork products on a daily basis from travellers. In 2019, 762 travellers were issued monetary penalties for failing to declare or illegally importing pork products.

All people, goods and conveyances entering Canada must report to the CBSA and may be subject to an examination. CBSA officers are trained in examination, investigative and questioning techniques. They use a risk management approach to determine if an examination is required. They look for indicators of non-compliance and focus their efforts on higher and/or unknown risks. The CBSA uses a variety of detection tools to locate regulated or prohibited goods, such as imaging devices, detector dogs, and many others. Border services officers may use a multiplicity of techniques, methods and detection tools at their disposal.

CBSA works closely with domestic and international partners in a joint effort to keep respective borders safe and secure. The Agency shares key intelligence, with partners while respecting the strict Canadian legal parameters.

Human trafficking

Proposed response

Human trafficking is one of the most heinous crimes imaginable and the Government takes this very seriously.

In September 2019, the Government of Canada launched a new comprehensive National Strategy to Combat Human Trafficking, which is supported by an investment of $57.22 million over 5 years and $10.28 million ongoing.

This new investment supports raising awareness of human trafficking; enhancing support services for victims and at-risk populations; and increasing capacity to detect and respond to suspected cases.

To support this work, an interim Special Advisor on Human Trafficking has been appointed to offer ongoing advice and recommendations to the Government.

Financial implications

The 2020 to 2021 Main Estimates include an increase to the National Strategy to Combat Human Trafficking of $6.3 million.

This will allow Public Safety Canada to support empowerment programs for survivors of human trafficking, pilot projects to address the risks of human trafficking in vulnerable youth, and youth hackathons, which are technological innovation events where participants contribute to the solution of a social problem or business need.

Background

Human trafficking, also referred to as trafficking in persons, involves the recruitment, transportation or harbouring of persons for the purpose of exploitation, typically sexual exploitation or forced labour. The primary international instrument to combat trafficking in persons is the United Nations (UN) Convention against Transnational Organized Crime (Palermo Convention) and its Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Trafficking in Persons Protocol).

The Trafficking in Persons Protocol is one of 3 protocols under the UNTOC. These 3 Protocols are often referred to as the Palermo Protocols. Canada has ratified 2 of 3 of the Protocols: the Trafficking in Persons Protocol and the Protocol against the Smuggling of Migrants by Land, Sea and Air. Canada has not ratified the Protocol against the Illicit Manufacturing and Trafficking in Firearms, Their Parts and Components and Ammunition. Canada ratified the Trafficking in Persons Protocol and its parent convention, the United Nations' Convention against Transnational Organized Crime, on May 13, 2002, to prevent trafficking, protect its victims and prosecute the offenders.

Canada's criminal laws prohibit trafficking in persons for any exploitative purpose, regardless of whether it occurs within Canada or involves bringing persons into Canada. The Criminal Code of Canada contains specific human trafficking offences that are punishable by maximum penalties as high as life imprisonment, with mandatory minimum penalties ranging from 1 to 6 years. The Immigration and Refugee Protection Act also contains a human trafficking offence.

Canada has been identified as a source, destination and transit country for victims of human trafficking for the purpose of sexual exploitation and forced labour. According to the Canadian Centre for Justice Statistics, police-reported incidents on human trafficking in Canada have steadily increased since 2010. The latest Juristat on Trafficking in Persons in Canada indicates that between 2009 and 2016, 95% of human trafficking victims in Canada were female, 72% were women under the age of 25, and 25% were under 18. Individuals at risk of victimization more generally include persons who are socially or economically disadvantaged, such as Indigenous women, LGBTQ2 persons, youth, migrants, new immigrants, teenage runaways and children who are in protection.

Since the expiry of the 2012 to 2016 National Action Plan to Combat Human Trafficking, the Government of Canada has continued to take efforts to address this crime, including enhancing funding through Justice Canada's Victims Fund, increasing protections for temporary foreign workers, and conducting stakeholder engagement. In Fall 2018, PS conducted consultations to inform the way forward on human trafficking through 3 regional roundtables, a national summit, and an online questionnaire. Participants included victims and survivors, all levels of government, civil society, law enforcement and front-line service providers. PS also held a separate sex worker roundtable in October 2018 to hear their views on the development of a new national strategy.

Following these consultations, Budget 2018 announced $14.51 million over 5 years and $2.89 million ongoing to establish a national human trafficking hotline. Operated by the Canadian Centre to End Human Trafficking, the Canadian Human Trafficking Hotline was launched in May 2019. It is a multilingual, 24/7, toll-free line, referral service and resource Centre that receives calls, emails and texts about potential human trafficking in Canada and refers victims to local law enforcement, shelters and a range of other trauma-informed supports and services.

In September 2019, the Government launched a new National Strategy to Combat Human Trafficking that is supported by an investment of $57.22 million over 5 years and $10.28 million ongoing. The National Strategy builds on the internationally recognized pillars of prevention, protection, prosecution and partnerships, and incorporates a new pillar of "empowerment" to ensure considerable focus is put towards enhancing supports and services to victims affected by this crime. Key PS activities under the Strategy include the development of a national case management standard, public awareness activities, training tools, new contribution funding for support services, and the establishment of an Advisory Committee made up of victims/survivors of human trafficking.

Mexican drug cartels

Issue: Recent media attention around members of drug cartels who have entered Canada since the visa requirement for Mexican travelers was waived.

Proposed response

Since December 1, 2016, the lifting of the visa with Mexico has resulted in Canada welcoming nearly 1.3 million visitors to this country, generating millions in economic benefits.

In 2019, media reported that 400 individuals connected to drug cartels entered Canada.

At the time, the CBSA conducted a thorough examination of its databases and determined that there was no evidence to suggest there were 400 foreign nationals in Canada with links to Mexican cartels.

I can confirm that the CBSA determined that the number of inadmissibility cases for all types of criminality for Mexican foreign nationals during this period referenced by the media was 238.

Of these 238 cases, 27 were reported inadmissible due to links to known organized criminality, 3 of which were for suspected linkages to cartels.

All 27 of these people have been removed.

If pressed

The CBSA works with our domestic and foreign security partners to detect and prevent illegal cross-border activity, such as organized crime and the smuggling of narcotics.

The CBSA examines travellers and goods at several stages of their journey: as early as possible abroad, in transit and on arrival at the Canadian border.

Since December 1, 2016, the CBSA intercepted over 7,400 Mexican nationals overseas for being improperly documented, or for suspected fraud of travel documents. Of these, 5,238 interceptions occurred in calendar year 2019 alone.

If pressed on removals

The CBSA prioritizes removals of persons inadmissible to Canada on safety or security grounds, along with failed irregular arrival refugee claimants.

In Budget 2019, the CBSA received $381.8 million over five years and $7.3 million in ongoing funding to support the implementation of the broad Border Enforcement Strategy, which includes funding for enforcement and removals.

Since visa requirements for Mexico were lifted on December 1, 2016, the CBSA has enforced the removal of 5,003 Mexican nationals. Of those cases, 4,408 cases had their removal order issued post visa lift.

If pressed on fraudulent passports

I can confirm that 18 of the inadmissible individuals attempted to enter Canada using improperly obtained or fraudulent Mexican documents, 2 of whom were organized crime members.

CBSA has highly developed systems to respond to the threat of passport fraud from Mexico and other countries, including early identification, targeting, intelligence gathering, and overseas interdiction.

Background

Mexican organized crime members

Recent media articles in the Toronto Sun, La Presse, TVA Nouvelles and Le Journal de Montréal reported "400 criminals have recently entered Canada to traffic drugs.

CBSA conducted a thorough examination of its intelligence or report holdings and found nothing that suggested that there were 400 individuals in Canada with links to Mexican cartels. Its examination confirmed that 404 individuals were determined to be inadmissible to Canada for all types of criminality for the period of January 1, 2018 to May 27, 2019. The CBSA determined that a number of these cases were duplicate records, and the actual number of inadmissible cases was 238.

Of the 238, the following were inadmissible for:

• 27 individuals were reported inadmissible due to serious criminality linked to known organized criminality. Of the 27, 3 individuals were cartel members, 21 were gang members and 3 individuals were involved in human smuggling organizations. It is important to note that all of these organized crime members have been removed from Canada
• 154 individuals were reported as inadmissible due to serious criminality which includes convictions for the following crimes: sexual assault, aggravated assault, drug trafficking, child pornography, rape of a child, manslaughter, drug trafficking
• 57 individuals were reported as inadmissible due to crimes such as assault, theft under $5000 and DUI

Removals

The CBSA has the mandate to investigate, report, arrest and remove all foreign nationals and permanent residents who are inadmissible to Canada.

A foreign national or a permanent resident may be inadmissible to Canada for a number of reasons, including criminality and organized crime grounds.

The Inland Enforcement Program of the CBSA will initiate an investigation when it becomes aware of a possible Immigration and Refugee Protection Act (IRPA) violation and will take appropriate enforcement action based on a prioritization framework, which ensures that cases involving the highest degree of risk are actioned and that persons whose removal may be imminent are not delayed. If the evidence gathered supports the inadmissibility, the CBSA will prepare a report setting out the relevant facts.

Depending on the type of inadmissibility and the status of the person in question, inadmissibility reports are reviewed by either a CBSA Minister's Delegate or the Immigration Refugee Board (IRB), an independent decision-maker.

Immigration databases do not track foreign nationals based on membership to a specific criminal organization, however, the CBSA can provide some details on enforcement actions in relation to Mexican nationals, criminality and organized crime in general.

• Since April 1, 2019, the CBSA concluded 2,808 investigations into Mexican nationals for violations of the IRPA. Of these concluded investigations, 261 of these investigations were into organized criminal activity, but this does not mean all were in fact involved in criminal activity
• Since January 2018, the CBSA also prepared inadmissibility reports (s.44 of the IRPA) for criminality (s.36) for 533 persons and for organized criminality for 68 persons. However, it should be noted that this may be higher as there may be more persons whom the CBSA believes are involved in organized criminal activity, but are either still investigating them or do not have the evidence to pursue an enforcement proceeding at this time

On fraudulent passports

In total, 18 inadmissible individuals attempted to enter Canada using fraudulent Mexican documents. With respect to organized crime members, as noted above, two individuals presented fraudulent Mexican documents at the POE, and had their passport seized.

CBSA Intelligence and Enforcement Branch indicates that the Mexican passport is a sought after document by organized crime members and criminal actors from other countries. The CBSA has developed strategies to respond, namely in the areas of early identification, effective targeting, intelligence and support to ports of entry. CBSA Liaison Officers work with airlines and local authorities to identify document fraud and abuse, ensure travelers are properly documented, and intercept those who are not. Since December 1, 2016, the CBSA intercepted over 7,400 Mexican nationals for being improperly documented, or for suspected fraud of travel documents.

On the Mexico visa lift

In 2009, Canada imposed a visa requirement on Mexico, which led to a 97% decrease in refugee claims from Mexico (9,500 claims in 2008 to 300 refugee claims in 2012). While successful in its intended goal of reducing refugee claims, the visa had become a major bilateral irritant as Mexico is Canada's third largest trading partner, with more than 1,000 Canadian companies operating in Mexico (e.g. automotive, aerospace, agriculture).

To alleviate the bilateral irritant, the visa requirement on Mexico was lifted on December 1, 2016, with conditions that would need to be met prior to the visa lift. The conditions included ongoing airside access to airports in Mexico from which international flights (commercial, private, or chartered) operate to and from Canada, enhanced accountability for fraudulent intercepted passports, a service standard for providing documents for removals, launch of traveller awareness activities and established milestones and deliverables for re-invigorating the High Level Dialogue on Mobility.

Seniority rights for CBSA veterans

Issue: During the December 9, 2019 Committee of the Whole on the 2019 to 2020 Supplementary Estimates A, Conservative Member, the Honourable Tim Uppal asked the Government if they would reverse a 2018 Liberal decision to "strip seniority rights for veterans working in the CBSA".

Proposed response

This government has the highest respect for all the men and women who have served this country.

Years of service accrual – seniority – is a unique collective bargaining issue in that it affects each employee differently as no two employees have the same work history.

The decision to retain the current definition of years of service was not made by the Government.

In March 2019, the union representing the Frontière-Border (FB), a group of employees at the CBSA, asked its membership to vote on whether the definition of years of service (seniority) should be changed to include time in the Canadian Forces as defined in Article 34.03 a) ii) for all areas of the collective agreement where years of service is applied. The membership did not support this change.

Background

Seniority rights, in the context of line and vacation selection based on military service, were negotiated in the first collective agreement between Public Service Alliance Canada (PSAC) and the Treasury Board of Canada Secretariat in 2011 for front line officers and other employees at the CBSA who are in the Frontière-Border (FB) Group classification. Seniority was based on individual's years of service as an employee in the federal public service.

When the agreement was implement in 2013, years of service, including previous military time, was included in the calculation of years of service for the purposes of vacation scheduling, but not for line selection. The bargaining agent, the PSAC – Customs and Immigration Union (PSAC-CIU), filed a grievance indicating that it was not what was agreed to. The union lost the grievance.

In March 2019, PSAC-CIU, put the definition of years of service to a vote of its membership. The majority of its membership voted to keep the existing definition of years of service in the collective agreement. As a result, the FB bargaining team will not be seeking any changes to the definition.

Respect in the workplace

Proposed response

I thank the Auditor General for his work.

The Government welcomes the findings and recommendations in the Auditor General's report.

The Government of Canada is committed to ensuring all its employees are treated with respect and dignity while at work.

The CBSA is taking action to build on initiatives that are already underway to ensure a healthy workplace for all its employees.

The CBSA takes all allegations of harassment seriously.

Following investigations where all parties are represented, if allegations are determined to be founded, appropriate discipline will follow.

The CBSA has established a Centre of Expertise to educate and prevent harassment complaints. Additionally, the Centre provides for comprehensive and consistent management of cases, as well as the ability for systematic and rigorous data capture, to measure and report on our progress on an annual basis.

The CBSA will continue to work with all employees to actively build a healthier culture that is free from workplace harassment, discrimination and violence.

If pressed on fear of reprisal

The Government of Canada wants its employees to know they work for an organization that cares about them and puts them first.

To that end, confidential complaint disclosure procedures are in place at the CBSA, and are being promoted with employees, so they know they have mechanisms available to them.

All allegations are reviewed in an impartial and objective manner, regardless of rank.

Employees also have access to outside resources such as the Office of the Public Service Integrity Commissioner.

Background

The CBSA has a zero tolerance policy for harassment in the workplace.

In July 2018, a new hub, called the National Integrity Centre of Expertise (NICE) was created to bring together the new Harassment Prevention and Resolution Office, the Values and Ethics Office, and Informal Conflict Management Office. The NICE is a national one-stop centre for all employees to turn to for information, support and guidance.

The Centre has developed concrete measures, a communication and an outreach strategy in order to better respond to allegations of inappropriate behaviours in the workplace.

Notably, the Centre has developed an online harassment allegations form for facilitating the reporting of inappropriate or disrespectful behaviours that can be submitted to a generic mailbox monitored hourly.

The Centre has also developed service standards and is now providing personalized acknowledgement within 2 business days. Furthermore, over the last months, the Centre adopted a proactive approach to resolve the workplace issues at the lowest level possible through the informal conflict management systems (ICMS) which has proven to be quite successful. The Centre has also increased awareness activities through various forum in order to promote a respectful and civil workplace.

Additionally, the Agency is currently working to develop and implement a comprehensive strategy to foster a respectful workplace culture free of incivility and harassment. This strategy will be three-fold as it seeks to enhance current preventative measures, improve response mechanisms and ensure attention to workplace restoration. For instance, some of the actions that the CBSA will implement as part of the strategy will include first-level supervisor training and organizational learning, which will help build the capacity for early conflict resolution, build resiliency and competency, and ensure collaboration.

The new strategy will also account for the implementation of Bill C-65 to ensure that employees better understand their rights and access the appropriate complaint mechanism.

With respect to training, all new CBSA employees are required to complete the Occupational Health and Safety in the Workplace and Violence Prevention in the Workplace training courses within their first month of employment.

Within 6 months of employment, employees must also complete courses on: Mental Health Awareness; Values, Ethics and Disclosure of Wrongdoing; Creating a Respectful Workplace; and Diversity and Race Relations. In addition, targeted learning and information sessions on Civility and Respectful Workplace best practices are being delivered throughout the year.

In order to further promote ongoing learning opportunities and to ensure workplace support, advisory services are available through the CBSA's Employee Assistance Program (EAP) and Homewood Health, the Agency's external service provider. Mental Health First Aid training continues to be rolled out to priority groups who are more likely to be faced with someone in distress and requiring assistance.

Seizures of counterfeit products

Proposed response

The Canada Border Services Agency's (CBSA) priority is to ensure the health, safety and security of Canadians; it is job 1.

When the CBSA detects suspected counterfeit and/or pirated goods which may pose safety or security risks, they are referred to the Royal Canadian Mounted Police for possible seizure and prosecution. If the goods are deemed to pose a health and safety risk, they are referred to Health Canada.

Once a referral is taken over by the RCMP and/or Health Canada, it is no longer part of the intellectual property rights regime and as such, it is not tracked by the CBSA.

With respect to enforcement actions taken to combat counterfeit goods on both sides of the Canada-US border, it should be noted that there are fundamental differences between the two countries with respect to the intellectual property regimes which govern the seizure of counterfeit or pirated goods.

While the US Customs and Border Patrol has the authority to detain, seize and destroy goods directly, based on suspicion, the CBSA is bound by a legal framework which does not afford them the same authority.

Canada's Combatting Counterfeit Products Act, is a shared responsibility between the Intellectual Property Rights holder and the Government of Canada.

Under the Act, it is the responsibility of the Intellectual Property Rights holder to inform the CBSA of products suspected to be an infringement of their rights through a Request for Assistance.

Border Services Officers are trained to look for indicators of deception, to detect anomalies and have access to information regarding marks and symbols which have been provided by intellectual property rights holders when examining shipments.

Should the CBSA come across suspected counterfeit or pirated goods items in the course of our health, safety, and security inspections, and the intellectual property rights holder has filed a Request for Assistance, we will contact them who must then decide whether to pursue a civil action, as provided for in the Act.

If the CBSA detains a shipment and the rights holder has not filed a Request for Assistance with the CBSA, officers may use their ex-officio powers to contact the rights holder to advise them that suspected counterfeit or pirated goods have been intercepted. The rights holder could then file a Request for Assistance if they wish to pursue legal remedy.

Under the Act, the CBSA only has the authority to detain goods seeking entry to Canada; in-transit shipments are currently exempted.

Background

It is anticipated that CBC Marketplace will be airing a story on counterfeit products at 8:00pm on February 21, 2020. Based on their pervious interview request, it is expected that there will be a focus on CBSA's role in preventing the flow of counterfeit products from entering Canada and the Canadian marketplace.

In its query to the CBSA, CBC Marketplace noted that nearly half of the products they had purchased in Canada (as part of their research) were either determined to be counterfeit by the intellectual property rights holders or were suspected to be counterfeits by experts. They further noted that in many cases, these products were shipped into Canada from other countries.

The query from CBC Marketplace also draws comparisons between the level of activity to combat counterfeit goods by the CBSA and US Customs Border Patrol. Moreover, it appears that CBC Marketplace is drawing the conclusion that Canada is not doing enough to combat the flow of counterfeit goods, especially with regards to those entering the US market from Canada.

CBC Marketplace obtained records from two ATIP requests which pertain to the number of counterfeit goods seized by Border Services Officers between 2015 to 2019. Since the seizure of goods is carried out by the Royal Canadian Mounted Police, the records released only contain information in relation to detained goods as opposed to goods seized. It should be noted that detained goods are those which are held, pursuant to the Customs Act, to allow for the CBSA to make an admissibility determination. The released records indicate that from 2015 to 2017, the CBSA detained 48 commercial shipments. In October 2017, the National Post stated that documents released by the CBSA in June 2017 revealed that the Agency had detained 36 shipments in the two years afterthe Combating Counterfeit Products Act (2015) came into effect. The released records further reveal that in 2018 to 2019, the CBSA detained 28 commercial shipments.

Since the passage of the Combating Counterfeit Products Act (2015) there has been significant media scrutiny over Canada's ability to counter the flow of counterfeit goods. Maclean's magazine contends that Canada is "a cesspool of counterfeit products coming into the country, both destined for purchase in Canada and destined to be exported to places around the world." According to the National Post, critics claim that Canada is seen as a weak link, having largely ignored the counterfeit problem. For example, in 2017, Canada was the fourth largest source of the 34,000 counterfeit shipments seized by American authorities. Other detractors allege that once ratified, there is no guarantee that the Canada-United States-Mexico Agreement (CUSMA) will lead to change in this area.

The issue of intellectual property rights enforcement continues to be an irritant in trade discussions with partners, including the US. Media reports also note that the OECD has determined that Canada is "the first biggest source of fake goods, after China and Hong Kong…and "given that 20% of these products are "knock-offs" of American brands…there's little wonder the US is so peeved by Canada's lackadaisical approach to combatting counterfeit."

Document navigation for "SECU: 2019 to 2020 Supplementary Estimates (B) and 2020 to 2021 Main Estimates (February 26, 2020)"

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Date modified:

2020-06-27