Standing Committee on Public Safety and National Security: Minister's mandate letter (November 2, 2020)
Speaking notes and backgrounders

External review body for the CBSA

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.

Former 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, from the last parliamentary session, was re-introduced on January 27, 2020, and reached second reading in the House before Parliament was prorogued on August 18, 2020.

As stipulated in the previous Bills, the independent review body would 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 (in other words, 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.

Should the decision be taken to reinstate or reintroduce the Bill, the 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 3,700 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).

Firearms at the border

Background

The Canada Border Services Agency (CBSA) is responsible for facilitating international trade and travel across Canada's border, while ensuring the health and safety of Canadians. Specifically, the Agency helps to protect Canadian communities by combatting the movement of illegal firearms into Canada.

The CBSA seizes approximately 700 firearms each year. Since January 1, 2020, the Agency has seized 401 firearms. This lower than average number reflects reduced cross-border traffic resulting from travel restrictions imposed due to the COVID-19 pandemic.

Given the availability of firearms in the United States (US), including firearms that are strictly controlled or prohibited in Canada, most seizures happen at the Canada-US land border. The CBSA continues to work with key domestic and US law enforcement partners to generate investigative leads and to support and assist with interdiction efforts.

The CBSA received $73.7 million over 5 years (including Shared Services Canada (SSC) costs and Public Service and Procurement Canada (PSPC) costs starting in 2018 to 2019. This funding provides the Agency with greater operational capacity to screen passengers and examine commercial shipments, thereby protecting Canadians by preventing firearms and inadmissible people from coming into the country illegally.

The additional funding for the CBSA allows for investments in an all-weather detector dog training facility, additional detector dog teams at key highway crossings, expansion of x-ray technology at postal centres and air cargo facilities, and key training in the detection of concealed goods in vehicles crossing our borders.

These technical enhancements—supported by the necessary legislative, regulatory, and policy changes—will position the Agency to provide effective border support to new Government of Canada initiatives that restrict the cross-border movement of firearms, firearm parts, or ammunition.

CBSA initiatives funded under the Initiative to take action against gun and gang violence (ITAAGGV)

The Agency continues to move forward on ITAAGGV-funded initiatives. Here are highlights of what is underway and/or has been completed to date with this funding:

• The CBSA has procured and deployed a number of x-ray units in postal centres to enhance processing capacity, as well as handheld x-ray machines in high-risk locations to more efficiently examine conveyances
• Five additional Detector Dog Service teams, specialized in the detection of drugs and firearms, have been procured, trained and are now operational at strategically located ports of entry across the country
• Construction will soon begin on an all-weather dog training facility to enhance the CBSA's ability to access and facilitate cross-training in multiple environments
• The Agency has developed and piloted a specialized course to heighten officer training on searching vehicles
• The CBSA took possession of the Contraband Outfitted Mobile Examination Trucks and is now in the process of fitting-up vehicles
• CBSA received $58.1 million over 5 years with $5 million ongoing to support this initiative in Budget 2018. Public Safety also received money but for their own initiatives. The CBSA receives its own funding

Detector dogs teams: Detector dogs can assist in the interception of concealed firearms. Investing in the Detector Dog Service (DDS) program enhances the CBSA's ability to protect the health and safety of Canadians by providing additional capabilities to detect and halt the entry of illicit firearms to the country. The CBSA now has a total of 76 DDS teams distributed across Canada at various ports of entry, serving both traveller and commercial operations to detect illicit firearms, unreported currency, and inadmissible food, plant and animal products.

Below are three examples of how funding for this program has shown results at the border:

• On April 4, 2019, with the support of Detector Dog Yogi, the CBSA seized 8 long guns, 14 handguns, 2 overcapacity magazines, 5 magazines, and a box containing 130 grams of cannabis [Redacted]
• On August 8, 2019, with the support of Detector Dog Arya, the CBSA seized 21 over-capacity magazines, three restricted firearm, and one prohibited firearm from a traveller who had declared two shotguns and three rifles
• On June 23, 2020, with the support of Detector Dog Denver, the CBSA seized a prohibited firearm and 3 overcapacity magazines along with various cannabis products. After being told that a detector dog was on duty and was going to search his vehicle, the occupant spontaneously admitted the presence of the firearm

All-weather dog training facility: Construction will soon begin on an all-weather detector dog training facility at the CBSA College in Rigaud, Quebec. The college is strategically positioned for detector dog teams to gain valuable training in live operational environments for all modes – air, postal, marine, highway and rail. Currently, training conducted during the winter and summer poses challenges due to the extreme climate. The new all-weather facility will enhance the CBSA's ability to access and facilitate cross-training in multiple environments, increasing the number of detector dogs trained for both the CBSA and partner agencies.

Air cargo security: ITAAGGV funding has allowed for the expansion of existing detection tools to enhance air cargo security by adding pallet-scale X-ray machines at major international airport facilities. A pallet imaging system increases efficiency, as it can scan an entire pallet and allow the CBSA to streamline the inspection of goods by reducing the need to manually unpack pallets. The CBSA is planning for the rollout (significant infrastructure changes required at some airports have been halted due to COVID-19 restrictions).

The funding also allowed for the procurement and deployment of handheld x-ray devices at high-risk locations. These devices are compact units that produce a single-sided image that is easy to interpret, and which allows for the quick detection of contraband behind walls. They also permit scanning of objects in hard-to-reach areas such as vehicle tires and spares, dashboards, car seats, interiors of recreational vehicles, and baggage.

ITAAGGV funding also allowed for the purchase and fit-up of Contraband Outfitted Mobile Examination Trucks (COMETs). The vehicle serves to transport Border Services Officers and detection technology equipment for examinations away from their primary work environment, such as a sufferance warehouse, telephone reporting site, marine facility, or regional airport. The vehicles will be equipped with connection capability to enable officers to access the suite of CBSA systems.

Finally, the ITAAGGV has enabled investments in dual-view X-ray technology at international postal facilities, allowing the Agency to process all mail in a consistent, efficient, and non-intrusive manner. All mail arriving into Canada is screened using a variety of non-intrusive techniques and detection technology. The CBSA then selects high risk mail and packages for closer examination. If the CBSA suspects mail to contain illicit goods such as firearms, the CBSA may work with law enforcement partners to further investigate the matter. This mail does not enter the domestic stream and ultimately does not enter Canada.

Training on the detection of concealed goods in vehicles: The CBSA has developed and piloted an Advanced Vehicle Examination techniques course for law enforcement officials to enable detection of after-market smuggling compartments in vehicles. The initiative will expand the Agency's abilities to identify, detect, and interdict crime guns, weapons, narcotics, and illicit proceeds of crime. The ultimate goal is a greater, more sophisticated capacity to address the concealment of firearms for criminal use.

Asylum claimants

Background

Border security and integrity is a shared mandate between the CBSA and the Royal Canadian Mounted Police (RCMP). The CBSA is responsible for enforcement at designated ports of entry (POEs) in Canada, while the RCMP is responsible for enforcement between POEs. Likewise, preserving the integrity of the immigration system is a shared mandate between the CBSA and Immigration, Refugees and Citizenship Canada (IRCC). Together, the CBSA and IRCC administer the Immigration and Refugee Protection Act (IRPA), which governs both the admissibility of people into Canada, and the identification, detention and removal of those deemed to be inadmissible under the Act.

Starting in 2017, Canada began to experience an increase in the movement of asylum seekers crossing in between the ports of entry (POE) in the Quebec Region, more precisely at Roxham Road. In 2018 and 2019, daily arrival average between POE remained consistent at 50 asylum seekers.

Since the appearance of COVID-19, additional procedures have been implemented by the CBSA, including screening questions and the distribution of a Public Health Agency of Canada (PHAC) COVID-19 awareness handout.

The new Order in Council (OIC) entitled "Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States)", commonly referred to as OIC 28, came into force on September 20, 2020 with an expiry date of October 31, 2020.

The OIC supports Canada's continued focus on reducing the introduction and further spread of COVID-19 by decreasing the risk of importing cases from outside the country. In consideration of Canada's international obligations with respect to non-refoulement, the OIC also supports the continued application of the Safe Third Country Agreement (STCA) and thereby allows the resumption of asylum claim processing at designated land ports of entry in accordance with applicable provisions of the Immigration and Refugee Protection Act. This means that those that meet one of narrow exceptions will be permitted to enter and make an application for refugee protection. The OIC does not lift the prohibition on entry for the purpose of making a refugee claim at any other location, including airports, marine ports, and between official ports of entry. Moreover, the OIC contains a new authority whereby the Minister of Public Safety and Emergency Preparedness or the Minister of Immigration, Refugees and Citizenship, may exempt an individual from the prohibition on entry for the purpose of making an asylum claim where it is determined to be in the national or public interest "while recognizing the paramount public health interests of Canada and Canadians."

Foreign nationals, including refugee claimants, are issued direct-backs by an officer that are valid for the duration of the period outlined in the emergency order or regulation. Once the emergency order is lifted, all foreign nationals who initiated a refugee claim and were directed back will be permitted to return to Canada for the continuation of their processing.

The CBSA has established an external website to provide information to any asylum seeker who has been directed back to the U.S.

The CBSA and IRCC have processed 7,797 claims during fiscal year 2020 to 2021 as of August, compared to 80,390 claims in fiscal year 2019 to 2020.

Safe Third Country Agreement (STCA)

On July 22, 2020, the Federal Court of Canada released its decision in the case of Canadian Council for Refugees v. Canada (Immigration, Refugees and Citizenship), 2020 FC 770.

The Court ruled in favour of the applicants; however, it has suspended its declaration of the invalidity of the STCA for a period of 6 months, during which time the STCA will remain in effect.

On August 21, 2020, the Government of Canada filed an appeal to the Federal Court of Appeal as it has assessed that there are factual and legal errors in some of the Federal Court's key findings.

On September 10, 2020, Canada filed a motion to stay the Federal Court's decision until the matter has been decided by the Federal Court of Appeal. If granted, it will stay the lower court ruling for the duration of the appeal and allow Canada to continue to apply the STCA until the final decision on the appeal is rendered. If denied, the STCA will no longer apply as of January 22, 2021.

A hearing on the stay motion is scheduled for October 23, 2020. A decision could be announced the same day, or in the days or weeks following the hearing.

Canada continues to engage actively with the United States on the STCA, ensuring that the agreement reflects our commitment with respect to our international obligations, while continuously cooperating on how we manage our shared border.

Border crossing issues for Indigenous Peoples

Background

Historically, the creation of Canada's borders physically divided many Indigenous Nations and their traditional lands. As such, Indigenous Peoples in Canada have long expressed concerns regarding their sovereign right and challenges crossing the Canada-United States (U.S.) border, which impact traditional practices, economic opportunities and familial and cultural ties.

The Government of Canada is on a reconciliation journey anchored in the findings and recommendations of the Truth and Reconciliation Commission's Report and its Calls to Action. In Canada, reconciliation encompasses all aspects of accepting our shared past, acknowledging the impacts of that past and focusing on how to address and advance Indigenous interests and perspectives in Canada.

In June 2016, a Minister's Special Representative (MSR) was appointed to examine First Nations border crossing issues. The MSR's report on First Nation Border Crossing Issues was presented in August 2017 and made recommendations under seven distinct themes, directly implicating the CBSA in three: 1) issues of treatment by CBSA officers; 2) the location of specific ports of entry; and 3) unique challenges faced by the Akwesasne community. In December 2018, near-term measures were announced by the government that included recruitment strategies for Indigenous Border Services Officers (BSOs), enhanced cultural training for CBSA staff, and increased outreach and cooperation by CBSA with First Nations. In 2018, the joint CBSA-Mohawk Council of Akwesasne Design Thinking Initiative was launched to work in partnership on a joint strategy on how to best address the unique and complex border challenges in the Cornwall-Akwesasne area.

The mobility rights of Indigenous Peoples are a complex, multi-faceted domain, with various federal departments responsible for legislative regimes that impact different aspects of Indigenous mobility and the enforcement thereof. Recognizing their unique circumstances, a number of federal partners are working collaboratively with concerned Indigenous Nations and individual communities to identify and advance solutions.

At the CBSA, work to address Indigenous Peoples' border crossing issues is stewarded by an Indigenous Affairs Secretariat (IAS), a dedicated, permanent body formed in 2018 to provide knowledgeable, mindful and effective capacity regarding Indigenous matters, and to guide the CBSA's work on reconciliation. The CBSA has also put in place a framework and strategy to examine, and improve policies, operations and engagement with the Indigenous communities.

The Agency will continue to make operational changes within its purview to improve the border crossing experience for Indigenous Peoples, including enhanced cultural awareness training and expanded efforts to recruit and retain more Indigenous BSOs.

Safe Third Country Agreement (STCA)

Background

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.

Since 2017, the Government of Canada has been in continuous contact with the U.S. Department of Homeland Security and U.S. State Department on issues related to our shared border, including our desire to modernize the STCA.

Federal Court challenge

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

On July 22, 2020, the Federal Court found the provisions implementing the STCA unconstitutional. The Federal Court's decision is suspended and does not come into effect until January 22, 2021.

On August 21, 2020, Canada filed a notice to appeal that decision. The Federal Court of Appeal is expected to hear the appeal between February 22 and March 26, 2021.

On September 10, 2020, Canada filed a motion to stay the Federal Court's decision until the matter has been decided by the Federal Court of Appeal. If granted, it will stay the lower court ruling for the duration of the appeal and allow Canada to continue to apply the STCA until the final decision on the appeal is rendered. If denied, the STCA will no longer apply as of January 22, 2021.

A hearing on the stay motion is scheduled for October 23, 2020. A decision could be announced the same day, or in the days or weeks following the hearing.

Opioids

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 January 2016 and September 2020, the CBSA has performed 344 seizures, totalling over 45 kilograms and over 1800 doses (pills, patches).

Since 2018, the CBSA observed a decrease in seizures of fentanyl, but an increase in seizures of fentanyl precursors. In 2019, fentanyl seizure numbers decreased by 34% (24) and quantities decreased by 95% in grams (261 grams) and 79% in doses (69) relative to 2018. From January to September 2020, CBSA officers recorded a 23% decrease in seizure numbers (10) however recorded a significant increase of in quantities when compared to the same timeframe in 2019 (198 grams in 2019; 4121 grams in 2020). The increase in quantities is attributed to one large outbound seizure of 4.1 litres. Excluding this seizure, CBSA recorded a 24% decrease in quantities seized compared to the same timeframe in 2019. The CBSA recorded 13 seizures of fentanyl precursors for over 16 kilograms in 2019, a 63% increase in seizure numbers and 162% increase in quantity compared to 2018. From January to September 2020, seizure numbers have remained stable (13) while quantities seized has significantly increased from slightly over 16 kilograms in all of 2019 to over 304 kilograms in the first 9 months of 2020.

While regulations do exist to control fentanyl precursors such as NPP (N-phenethyl-4-piperidinone) and ANPP (4-Anilino-N-phenethylpiperidine), as well as other necessary chemicals used in the production of fentanyl, the CBSA assesses that drug traffickers in Canada are attempting to smuggle synthetic alternative precursors or pre-precursors for the domestic production of fentanyl to meet an expanding consumer demand. Pre-precursor chemicals do not contain the core structural features of fentanyl, however through chemical synthesis, it can produce fentanyl. Pre-precursors are often not listed in the Controlled Drugs and Substances Act (CDSA).

New forms of synthetic drugs

The CBSA has observed increased reporting on the drug isotonitazene, a highly potent synthetic opioid and one of several analogues of etonitazene. Isotonitazene is structurally different to fentanyl, but has a potency similar to or greater than fentanyl and other synthetic opioids (for example, fentanyl analogues, U-series analogues). Isotonitazene, unlike etonitazene, is not currently under international control, but is controlled in some countries including Canada. Isotonitazene has been identified in suspected fatal overdoses in the U.S. and Canada [Redacted] Isotonitazene has been encountered in Canada in pill form but can be found in powder and to a lesser degree in liquid forms. It has been marketed online as an uncontrolled alternative to internationally scheduled opioids [Redacted].

Fentanyl is becoming increasingly difficult to obtain due to strengthened regulations and law enforcement efforts in combating fentanyl 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
• increase international collaboration to identify trends on potential displacement of fentanyl production and trafficking following the Chinese government's singular focus on curbing exports of fentanyl and other narcotics
• training detector dogs on fentanyl scent and deploying them to the field

Designated Safe Sampling Area

• The Designated Safe Sampling Area (DSSA) in Toronto opened on October 16. In the first three days, there were 5 seizures related to the work of the DSSA, including one of a designer drug that had not been seen before by the CBSA lab
• Montreal is expected to be operational by the end of November, however this could shift slightly
• Vancouver DSSA is being constructed by the Vancouver Airport Authority and it is expected that this will be complete by the end of the fiscal year

E-Commerce

• E-Commerce (particularly postal) can be leveraged for the smuggling of opioids given the often anonymous nature of shipments and the fact that only small quantities of opioids are required
• Reporting suggests that Dark Web listings for illegal drugs surged by 495% from December 2019 to April 2020
• The domestic production of opioids is increasing, pointing to increased smuggling of precursors. We are also seeing more export of opioids from Canada (reports from other countries)
• E-Commerce volumes continue to increase, thus increasing operational pressure on the CBSA
• Fentanyl and fentanyl analogues in the postal stream account for 81% of the overall quantity seized and 66% of the number of seizures by the CBSA since 2017. Prior to the COVID-19 pandemic, the CBSA reported a decline in fentanyl seizures since 2018 while opioid related deaths, many of which involve fentanyl, continue to be recorded in record numbers. The decline can be attributed to a shift from the importation of fentanyl to the importation of its precursors or pre-precursors for the purpose of domestic production

Restrictions for individuals travelling to Canada from the United States (All modes)

Background

Every day, $2.7 billion-worth of goods and services passes through the Canada-US border and that trade is essential to both our countries. As a result of the COVID-19 pandemic, Canada and the US are temporarily restricting all non-essential travel across its borders. In our respective countries, individuals are encouraged and are recommended to exercise caution by avoiding unnecessary contact with others (social distancing). This collaborative and reciprocal measure is an extension of that prudent approach.

Canada and the US recognize the critical necessity to preserve supply chains between both countries. These supply chains ensure that food, fuel, and life-saving medicines reach people on both sides of the border. Supply chains, including trucking, will not be impacted by this new measure. Canadians and Americans cross land border crossings daily to perform essential work, to study, or as a result of urgent or essential reasons. This travel should not be impacted.

To help manage the threat posed by international travel, Canada announced reciprocal restrictive measures with the US, for individuals in those countries who are travelling for non-essential, optional or discretionary reasons.

Order in Council

New OIC 31: 2020-0838 entitled Prohibition on Entry into Canada from the United States, has effect from the period beginning on October 30, 2020 (11:59:59 pm) and ending on November 21, 2020 (11:59:59 pm). This order repeals and replaces OIC 30: 2020-0810.

For a U.S. citizen or other foreign national to enter Canada from the U.S.:

• they must not have COVID-19 or suspect having COVID-19 and must not exhibit signs of symptoms of COVID-19; and
• their entry must not be for a purpose that is optional or discretionary (non-essential), unless they meet the immediate or extended family member exception; and
• they must be able to comply with the requirement to quarantine based on their purpose of travel and intended length of stay

Non-essential travel restriction

On March 18, 2020, the Governments of Canada and the United States announced that both countries would be implementing collaborative and reciprocal measures to suspend non-essential travel along the Canada-US border in response to the spread of COVID-19. Non-essential travel includes, but is not limited to, tourism, recreation, and entertainment. The restriction initially came into effect on March 21, 2020, for 30 days. Since that time, these temporary measures were renewed and/or revised on a monthly basis and will continue to be in effect while such renewals continue to be required.

Authorized essential travel

Some examples of essential travel purposes are:

• Crossing the border for work and study
• Economic services and supply chains
• Critical infrastructure support
• Health (immediate medical care), safety and security
• Shopping for essential goods such as medication or goods necessary to preserve the health and safety of an individual or family
• Tending to family matters for essential purposes (bringing supplies to elderly parents or tending to sick family members)
• Any other activities at the discretion of the officer that are deemed essential in nature

Border Services Officers exercise discretion when enforcing restrictions.

Refugee claimants

Arriving between ports of entry (irregularly)

Refugee claimants who seek to enter Canada between official ports of entry (in other words, irregular migrants) will continue to be directed back to the US, but will later be allowed to return to Canada to make their asylum claims once the prohibition on entering Canada expires or is repealed.

Arriving at ports of entry

For those asylum seekers arriving at a land port of entry, the Safe Third Country Agreement (STCA) applies. If an individual is not eligible to make a claim based on the STCA, they will be found ineligible, a removal order will be issued and they will be returned to the US.

If the individual meets an exception under the STCA, they will be able to enter Canada and have their claim for refugee protection processed. Exemptions and exceptions include:

• American citizens regardless of where they reside and stateless persons if the U.S. is their country of former habitual residence
• Claimants who have family members in Canada (in other words, spouse, son, daughter, parent, sibling, grandparent, grandchild, aunt, uncle, niece, or nephew)
• Unaccompanied minors
• Claimants who hold Canadian visas or travel documents
• Persons who do not require a visa to travel to Canada, but who required a visa to enter the U.S.

Symptomatic travellers

Any foreign national exhibiting signs and symptoms of a fever and cough or a fever and breathing difficulties is prohibited from entry, even if they are seeking entry for essential travel. The only exception to symptomatic foreign nationals are refugee claimants who meet the exceptions, as described above.

Canadian citizens, permanent residents, persons registered as Indians under the Indian Act and protected persons are exempted from the above. They will be provided with a Public Health Agency of Canada pamphlet containing the latest health advice that advises travellers to quarantine or self-isolate for 14 days.

Exemptions for foreign nationals

Immediate family members

For the purposes of the border restrictions, the definition of immediate family member is aligned between Orders in Council and is as follows:

1. the spouse or common-law partner of the person
2. a dependent child of the person or of the person's spouse or common-law partner
3. a dependent child of a dependent child referred to in paragraph (b)
4. the parent or step-parent of the person or of the person's spouse or common-law partner
5. the guardian or tutor of the person

Extended family members

For the purposes of the border restrictions, the definition of extended family member means:

1. an individual who is in an exclusive dating relationship with the person, has been in such a relationship for at least a year, and has spent time in the physical presence of the person during the course of the relationship (exclusive partner)
2. a dependent child of an exclusive partner as defined in (a)
3. a dependent child of a dependent child of an exclusive partner
4. a child of the person or of the person's spouse, common-law partner or of the exclusive partner, other than a dependent child
5. a sibling, half-sibling or step sibling of the person or of the person's spouse or common-law partner
6. a grandparent of the person or the person's spouse or common-law partner

Simply meeting the definition of "immediate family" or "extended family" does not guarantee a foreign national's eligibility to enter Canada. Foreign nationals must also be travelling for a non-discretionary (essential) purpose to be granted entry to Canada. However, foreign nationals may be exempt from the requirement to enter for an essential purpose if they can establish their intent to enter Canada to be with an immediate or extended family member (who is a Canadian citizen, permanent resident or registered Indian), as well as their intent to remain in Canada for at least 15 days. They must also agreement to comply with all the requirements to quarantine detailed in the Order pertaining to mandatory isolation.

Extended family members must have, under both prohibition on entry OICs:

1. a statutory declaration attesting to their relationship with the Canadian citizen, permanent resident or registered Indian signed by the Canadian citizen, permanent resident or registered Indian
2. a written authorization to enter from an officer designated under subsection 6(1) of the IRPA

Compassionate travel

For the purposes of border restrictions, foreign nationals are exempt if they intend to enter Canada for the following reasons:

1. To attend the death of or provide support to a Canadian citizen, permanent resident, temporary resident, protected person or registered Indians pursuant to the Indian Act, an individual residing in Canada who is deemed to be critically ill by a licensed health care professional
2. To provide care for a Canadian citizen, permanent resident, temporary resident, protected person or registered Indians pursuant to the Indian Act residing in Canada who is deemed by a licensed health care practitioner to have a medical reason why they require support
3. Attend a funeral or end of life ceremony

International students

For the purposes of border restrictions, as of October 21, international students are exempt from the prohibition on entry if they seek to enter Canada to attend a listed institution and hold a valid study permit, or they may apply for a study permit when entering Canada, or if their application for a study permit has already been approved but the permit has not yet been issued.

A listed institution is an institution that is determined by the provincial government in which the institution is located to have appropriate measures in place to ensure that students can meet any applicable obligations under any order made under section 58 of the Quarantine Act.

Immediate family members of international students, other than dependent children of dependent children, are also exempt from border restrictions when seeking entry for a non-discretionary purpose.

Note: A new exemption (with conditions) has been created under the mandatory isolation Order for cross-border students (and their drivers) who attend learning institutions in Canada and in the US on a regular basis.

National interest exemption: Claim for refugee protection

Despite present border restrictions, claims for refugee protection are permitted if the Minister of Public Safety and Emergency Preparedness or the Minister of Citizenship and Immigration to be in the national or public interest, while recognizing the paramount public health interests of Canada and Canadians.

Screening

Regardless of how they seek to enter Canada, all travellers arriving in Canada, including workers who provide essential services, are subject to questioning about their health. CBSA Officers not only query travellers on the state of their health, but will look for visible signs of illness and will refer any traveller who they suspect of being ill, regardless of how the traveller responded to the health screening question.

Media reports on admissibility to the US by air

The CBSA cannot comment on recent media reports that Canadians are still able to fly into the United States. Information pertaining to specific rules around admissibility to the United States should be directed to the U.S. Customs and Border Protection.

Prohibition of entry for individuals travelling to Canada by air and marine (Other than from the U.S.)

Background

On March 13, 2020, the Government of Canada issued an official global travel advisory to avoid non-essential travel abroad. In an attempt to limit the spread of COVID-19, many governments implemented special entry and exit and movement restrictions for their territories. As a result, the Government of Canada advised Canadians to avoid non-essential travel outside of Canada until further notice.To further complement these measures, Transport Canada implemented new measures pertaining to cruise ships in Canadian waters. Cruise ships with overnight accommodations allowed to carry more than 100 persons are prohibited from operating in Canadian waters until October 31, 2020. As of July 1, 2020, all other passenger vessels must follow provincial, territorial, local and regional health authority requirements for timelines and processes to resume operations. Passenger vessels with the capacity to carry more than 12 persons continue to be prohibited from entering Arctic coastal waters (including Nunatsiavut, Nunavik and the Labrador Coast) until October 31, 2020.

Orders in Council

New OIC 32: 2020-0839 entitled Prohibition on Entry into Canada from any Country other than the United States, has effect from the period beginning on October 30, 2020 (11:59:59 pm) and ending on November 30, 2020 (11:59:59 pm). This order repeals and replaces OIC 28: 2020-0796.

For a foreign national to enter Canada from a country other than the US:

• they must not have COVID-19 or suspect having COVID-19 or exhibit signs and symptoms of COVID-19; and
• their travel must not be optional or discretionary, unless they meet the immediate family members exception; and
• they must qualify for one of the exemptions outlined in the Order

The Order restricts travel of foreign nationals to Canada by air and marine from any country other than the US. This restriction does not apply to a person registered as an Indian under the Indian Act, nor a protected person as defined in the Immigration and Refugee Protection Act (IRPA). Specified exemptions exist for persons seeking entry for purposes that are not optional or discretionary. Despite these exemptions, persons who exhibit signs and symptoms such as a fever and cough or a fever and breathing difficulties, are prohibited from boarding a flight to Canada or entering Canada at the border.

Exemptions under subsection 3(1)

Provided a person is not symptomatic and not travelling for an optional or discretionary purpose, exemptions to the prohibition of entry for foreign nationals travelling to Canada by air and marine from destinations other than the US include:

1. Immediate family members of Canadian citizens, permanent residents and persons registered as an Indian under the Indian Act
   (a.1) Extended family member of a Canadian citizen, a permanent resident or a person registered as an Indian under the Indian Act if they:
   1. have a signed statutory declaration attesting to their relationship; and
   2. are authorized, in writing, by IRCC before entering Canada
2. Persons authorized in writing to enter Canada to reunite immediate family members
3. Crew members or those that seek entry to become a member of a crew under the CAR
4. Crew members or those that seek entry to become a member of a crew under the IRPR
5. Persons exempt from obtaining a temporary resident visa under 190(2)(a) of the IRPR and their immediate family members
6. Persons travelling at the invitation of the Minister of Health to assist in the COVID-19 response
7. Persons arriving by aircraft operated by the Canadian Forces or the Department of National Defense
8. Members of the Canadian military, visiting forces, and their immediate family members
9. French citizens of Saint-Pierre-et-Miquelon (SPM) who have only been in SPM, the US or Canada for 14 days before they arrived in Canada
10. A person or any class of persons who, in the opinion of the Chief Public Health Officer:
    1. do not pose a risk of significant harm to the public health; or
    2. will provide essential service while in Canada
11. Persons or any person in a class of persons whose presence in Canada is in the national interest as determined by the Ministers of Foreign Affairs, Citizenship and Immigration or Public Safety
12. Persons holding a valid work permit as defined in section 2 of the IRPR or whose application for a work permit in Canada was approved in writing
13. Persons holding a valid study permit, as defined in section 2 of the IRPR; or whose application for a study permit was approved in writing before noon, Eastern Daylight Time on March 18, 2020
14. Persons seeking entry to attend a listed institution, and their immediate family members (except a dependent child of a dependent child) if the person:
    1. holds a valid study permit, as defined in the section 2 of the IRPR
    2. may apply for one when entering Canada under section 214 IRPR, or
    3. received written approval of the application
15. Persons authorized to work in Canada as students in a health field under 186(p) IRPR
16. Persons authorized to work in Canada as emergency service providers under 186(t) of the IRPR
17. Licensed health care practitioner with proof of employment in Canada
18. Persons seeking entry to deliver, maintain or repair medically necessary equipment
19. Persons seeking entry to make medical deliveries of cells, blood and blood products, tissues, organs or other body parts, that are required for patient care in Canada
20. Persons whose application for permanent residence in Canada was approved and received written notice of the approval before noon (EDT) on March 18, 2020
21. Workers in the marine transportation essential for movement of goods by vessel
22. Persons to take up post as diplomats, consular officers and representatives of other countries or international organizations and their immediate family members
23. Persons arriving at Canadian airports aboard commercial passenger conveyances and transiting to another country while remaining in a sterile transit area
24. Persons seeking entry on board a vessel that is engaged in research and that is operated by or under the authority of the Government of Canada

Foreign nationals with a national interest exemption letter pursuant to paragraph3(1)(k)

In accordance with subsection 3(5) of the OIC , a person or any person in a class of persons whose presence in Canada, as determined by the Minister of Foreign Affairs, the Minister of Citizenship and Immigration or the Minister of Public Safety and Emergency Preparedness, is in the national interest, is exempt from the prohibition from entering Canada for an optional or discretionary purpose.

Immediate family members

For the purposes of the border restrictions, the definition of immediate family member is aligned between Orders in Council and is as follows:

1. the spouse or common-law partner of the person
2. a dependent child of the person or of the person's spouse or common-law partner
3. a dependent child of a dependent child referred to in paragraph (b)
4. the parent or step-parent of the person or of the person's spouse or common-law partner
5. the guardian or tutor of the person

However, a foreign national simply meeting the definition of "immediate family" or "extended family" does not guarantee their eligibility to enter Canada. The individual travelling for a non-discretionary (essential) purpose may still enter Canada. But, foreign nationals can be exempt from the requirement to enter for an essential purpose if they can establish their intent to enter Canada to be with an immediate or extended family member (who is a Canadian citizen, permanent resident or person registered as an Indian under the Indian Act), their intent to remain in Canada for more than 15 days, and who agree to comply with all the requirements to quarantine detailed in the Order pertaining to mandatory isolation.

Extended family members

For the purposes of the border restrictions, the definition of extended family member means:

1. an individual who is in an exclusive dating relationship with the person, has been in such a relationship for at least a year, and has spent time in the physical presence of the person during the course of the relationship (exclusive partner)
2. a dependent child of an exclusive partner as defined in (a)
3. a dependent child of a dependent child of an exclusive partner
4. a child of the person or of the person's spouse, common-law partner or of the exclusive partner, other than a dependent child
5. a sibling, half-sibling or step sibling of the person or of the person's spouse or common-law partner
6. a grandparent of the person or the person's spouse or common-law partner

Extended family members must:

1. have a statutory declaration attesting to their relationship with the Canadian citizen or permanent resident signed by the Canadian citizen or permanent resident
2. have a written authorization to enter from an officer designated under subsection 6(1) of the IRPA

Compassionate travel

In accordance with subsection 3.1, border restrictions do not apply to foreign nationals who intend to enter Canada for the following reasons:

1. To attend the death of or provide support to a Canadian citizen, permanent resident, temporary resident, protected person or registered Indians pursuant to the Indian Act, residing in Canada who is deemed to be critically ill by a licensed health care professional
2. To provide care for a Canadian citizen, permanent resident, temporary resident, protected person or registered Indians pursuant to the Indian Act residing in Canada who is deemed by a licensed health care professional to have a medical reason why they require support
3. Attend a funeral or end of life ceremony

International students

For the purposes of border restrictions, international students are allowed entry if they seek to enter Canada to attend a listed institution and:

• hold a valid study permit, or
• they may apply for a study permit when entering Canada, or
• their application for a study permit has already been approved but the permit has not yet been issued

A listed institution is an institution that is determined by the provincial government in which the institution is located to have appropriate measures in place to ensure that students can meet any applicable obligations under any order made under section 58 of the Quarantine Act and is published on IRCC's website.

Immediate family members of international students, other than dependent children of dependent children, are also exempt from border restrictions.

International-to-International (ITI) transit

ITI transit is allowed with some restrictions including remaining airside, not formally entering into Canada, and arriving and departing from the same Canadian airport within 24 hours. Should one of these ITI travellers have to enter into Canada through no fault of their own (for example, onward border closures or flight cancellations), the Minister of Foreign Affairs has issued a letter of national interest to enable their temporary admission provided that they immediately self-isolate while waiting for their onward flight and report any signs or symptoms of COVID-19 to the Public Health Agency of Canada. These travellers are bound by the same rules as any other person entering Canada, except that their self-isolation order can be for a short duration and end when they leave Canada, provided they are asymptomatic.

This approach promotes the Government's positive bilateral relations around the world and promotes enhanced cooperation during this crisis through reciprocal boarding on government supported repatriation flights to help Canadians come home, and foreign nationals return to their home country.

Note: Travellers who are in transit and remain in sterile transit areas are also exempt from the requirement to submit quarantine information by electronic means (ArriveCAN).

Mandatory isolation and quarantine requirements

Background

The World Health Organization (WHO) declared an outbreak of what is now known as COVID-19 to be a Public Health Emergency of International Concern (PHEIC) on January 30, 2020, and a pandemic on March 11, 2020. COVID-19 has demonstrated the potential to cause widespread illness if not properly contained. Global efforts are focused on containment of the outbreak and the prevention of further spread.

The Government of Canada's (GOC) top priority is the health and safety of Canadians. Failing to contain the outbreak may lead to widespread disease in Canada, increase negative health impacts and potentially overwhelm the health system. To date, Canada has managed to slow the spread of the virus by introducing a range of measures, including restrictions on non-essential travel across Canada's international borders and mandatory quarantine and isolation measures to help prevent further spread of COVID-19. The successful reduction in transmission of COVID-19 cases related to international travel is a direct result of the border restrictions and quarantine measures in place. The GOC is continuously monitoring and evaluating the situation and will ensure protective measures remain in place until they can be lifted safely.

Order in Council

New OIC 33: 2020-0840 entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Mandatory Isolation), No. 7, has effect from the period beginning on October 30, 2020 (11:59:59 pm) and ending on November 30, 2020 (11:59:59 pm). This order repeals and replaces OIC 29: 2020-0797.

General requirements

All travellers entering Canada who are subject to mandatory quarantine or isolation, as well as quarantine exempt persons, are required to provide mandatory health information to the Public Health Agency of Canada (PHAC) under the Quarantine Act:

• Non-exempt travellers are required to provide required information including their travel details, phone number, email address, quarantine plan and civic address where they intend to quarantine. This includes travellers who have been issued a limited release from quarantine by PHAC (that is, compassionate entry)
• Exempt travellers are required to provide contact information (phone number and email address) where they can be contacted for a period of 14 days starting on the day the enter Canada. Exempt travellers refer to persons who fall under one of the classes of persons listed in section 6 of the mandatory isolation OIC

Asymptomatic travellers can submit their contact information through:

• PHAC Contact Information Desktop Application
• Paper based PHAC Coronavirus Form
• ArriveCAN online portal
• ArriveCAN Mobile Application

Travellers who refuse to provide their information may be subject to additional measures, such as a requirement to undergo a health assessments or charges for an offence under the Quarantine Act.

Requirement to submit information by electronic means: ArriveCAN (*new*)

As of November 20, 2020, all travellers will be required to submit required information through electronic means (ArriveCAN):

• Before boarding a flight to Canada in the air mode; or
• When entering Canada in all other modes (land, rail, marine)

Quarantine plan and contact information must be submitted for the 14-day quarantine period by electronic means to PHAC, unless travellers cannot do so because of a disability, inadequate infrastructure, a service disruption or a natural disaster, in which case this information can be provided in an alternate manner as specified by PHAC. This obligation does not apply to persons in transit who remain in sterile transit areas.

Exempt classes of persons: Section 6

Section 6 of the mandatory isolation OIC outlines all the classes of persons exempt from quarantine requirements, including:

1. Crew members under the Canadian Aviation Regulations
2. Crew members under the Immigration and Refugee Protection Regulations (IRPR)
3. Persons invited by the Minister of Health to assist with the COVID-19 response
4. Members of the Canadian Forces or a visiting force
5. Persons determined by the CPHO as providing an essential service (with conditions)
6. Persons whose presence is determined by the Ministers of IRC, GAC or PS to be in the national interest (with conditions)
7. Persons permitted to work in Canada as an emergency service provider under 186(t) IRPR
8. Persons entering Canada to provide medical services including care, supplies, equipment and repair
9. Persons entering to receive (non-COVID) essential medical services within 36 hours after entry
10. Persons permitted to work in Canada as students in a health field under 186(p) IRPR
11. Licensed health care practitioners with proof of employment in Canada
12. Persons supporting commercial or research fishing-related activities entering on a vessel
13. Habitual resident of an integrated cross-border community (that is, Akwasasne)
14. Habitual resident of Canada returning from the US after carrying out a necessary every-day function
15. Persons entering on board a vessel engaged in research and authorized by the government
16. Students enrolled in a listed institution in Canadawho enter to attend it regularly (new)
17. Drivers of students referred in (p) (new)
18. Students enrolled in an education institution in the US who attend regularly but live in Canada (new)
19. Divers of students referred in (r) (new)
20. Dependent children entering Canada under the terms of a written agreement (new)
21. Drivers of children referred in (t) entering Canada (new)
22. Drivers of children referred in (t) returning from the US (new)
23. Habitual residents of remote communities of Northwest Angle (Minnesota) or Hyder (Alaska) (new)
24. Habitual residents of remote communities of Campobello Island (NB) and Stewart (BC) (new)
25. Persons who returning to Canada from the US without having left their vehicle (new)

Additional details

Cross-border students (*new*)

Elementary and secondary students enrolled in listed institutions in Canada who enter to attend school on a regular basis are exempt from quarantine requirements as long as the applicable jurisdiction and local health authority approved quarantine exempt students. The drivers of such students are also exempt from quarantine as long as they enter to escort the student to and from the listed institution. Drivers can only leave the vehicle, if at all, to escort the student to and from the institution and must wear a mask (or face covering) while outside the vehicle.

Students enrolled in educational institutions in the US who attend regularly and return to their habitual place of residence in Canada are exempt from quarantine requirements. The exemption also applies to their drivers who return to Canada after dropping off or picking up students at a school in the US, as long as they wear a mask (or face covering) while outside the vehicle, if at all, and only for the purposes of escorting the student to and from the school.

Cross-border custody arrangements (*new*)

Dependent children entering Canada under the terms of a written agreement or court order regarding custody, access or parenting are exempt from quarantine requirements. Their drivers are also exempt when travelling between Canada and the US for the purposes of respecting such arrangements as long as wear a mask (or face covering) while outside the vehicle, if at all, and only for the purposes of escorting the child to and from the vehicle.

Cross-border communities (*new*)

Habitual residents of remote communities of Northwest Angle (Minnesota) or Hyder (Alaska) are exempt from quarantine requirements when entering Canada to access necessities of life from the closest community in Canada where such necessities are available.

Habitual residents of remote communities of Campobello Island (New Brunswick) and Stewart (British Columbia) who return to Canada after going to the US solely to access necessities of life in the closest community where such necessities are available.

Land border crossing (*new*)

Persons who seek entry to Canada at a land border crossing are exempt from quarantine requirements as long as they remained in their vehicle at all times while outside of Canada after they:

• Were denied entry to the US; or
• Entered US territory without seeking formal entry ("flagpolers")

Projects

The mandatory isolation OIC has been updated to include an exemption from quarantine for persons who participate in a project (that is, Alberta Pilot) to gather information to inform the development or quarantine requirements other than those set out in the order as long as they comply with the conditions imposed on them by PHAC. Such projects are entered under an arrangements between the Minister of Health and the minister responsible for health care in the province where the person enters into Canada.

Compassionate entry

Pursuant to subsection 7.1(1), the requirements to remain in quarantine are different for a person who has written authorization from the Minister of Health for entry and a limited release from quarantine for one of the following purposes:

1. To attend to the death of or provide support to a Canadian citizen, permanent resident, temporary resident, protected person or a person registered as an Indian under the Indian Act who is residing in Canada and who is deemed to be critically ill by a licensed health care practitioner
2. To provide care for a Canadian citizen, permanent resident, temporary resident, protected person or a person registered as an Indian under the Indian Act who is residing in Canada and who is deemed by a licensed health care practitioner to have a medical reason that they require support
3. To attend a funeral or end of life ceremony

Respect in the workplace

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 the 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, including a communication plan 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, An Act to amend the Canada Labour Code (harassment and violence), the Parliamentary Employment and Staff Relations Act and the Budget Implementation Act, 2017, No. 1, 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 six 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.

Diversity at the CBSA

During the first quarter of the 2020 to 2021 fiscal year, the CBSA hires were as follows:

• 63.7% of hires were Women
• 11.8% of hires were Visible Minorities
• 2.9% of hires were Indigenous Peoples
• 1.0% of hires were Persons with Disabilities

Nova Scotia fisheries issues

Background

The Passamaquoddy Bay area is inhabited by three Indigenous groups. One is a Canadian First Nation, while the other two are in the United States close to the Canadian Border. The three groups consider themselves to be one nation.

On October 20, 2020, the CBSA office in New Brunswick was notified by the Department of Fisheries and Oceans (DFO) concerning the potential for the United States Peskotomuhkati Indigenous Peoples to demonstrate their solidarity with the Mi'kmaq Indigenous Peoples in Nova Scotia with regards to their ongoing fishing dispute in that province.

The solidarity action planned by the US Peskotomuhkati Peoples is in response to escalating tensions and violence between Nova Scotia fishers and Indigenous Mi'kmaq, Wolastoqiyik and Peskotomuhkati, which reached its climax with the burning of a Mik'maq lobster pound on October 16, 2020. Tensions have been high in the region between the commercial and Indigenous fishers in southwestern Nova Scotia since Sipekne'katik First Nation launched its self-regulated rights-based fishery on September 17, 2020.

On Monday October 19, 2020, Members of Parliament sat for an emergency debate on the Mi'kmaq fisheries issue, following a request from the Government and the New Democratic Party (NDP). During the debate, Prime Minister Trudeau "strongly condemn[ed] any form of violence, harassment and intimidation towards the Mi'kmaq in Nova Scotia" and the NDP leader Jagmeet Singh stressed the need for timelines, and "a clear plan of action to protect the Mi'kmaq people". Conservative Party leader Erin O'Toole argued that the Liberal Party failed to consult with the Indigenous community when making policy decisions.

The Supreme Court of Canada is currently considering a case related to foreign nationals fishing inside the International Boundary in Canadian waters. The case (R vs. Desautel) was heard October 8, 2020, it is with respect to S. 35 rights to hunt in Canada by a foreign national with no established right of entry into Canada (in other words, not registered under the Indian Act, not a Canadian citizen or permanent resident). A decision is expected in 2021.

Ultimately, any Government of Canada response to this solidarity action would be led by DFO and the RCMP. Should the situation escalate and arrests of US citizens occur, CBSA's role would be limited to the admissibility and removal process. The RCMP is responsible for enforcement in between ports of entry.

U.S. business executives who entered Canada (August 2020)

Background

Uline

[Redacted]

Upon further review of the information provided to the CBSA Border Task Force (established to implement and support border measures, including providing interpretive support to the application of the OIC's to CBSA frontline officers), it would seem that the travel by the executives should have been categorized as discretionary and entry denied under the existing OIC travel restrictions. Additional information, if sought from the company, may have resulted in a different assessment. The quarantine exemption requirement should not have applied as the travel was non-discretionary. Furthermore, these executives were not covered by the CPHO exemptions (section 6(e) of the OIC) which was an error of interpretation by the CBSA officers who conducted the clearance.

There are two OICs that apply to foreign nationals seeking entry into Canada from the United States:

• OIC 2020-0565: Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States)
• OIC 2020-0589: Minimizing the Risk of Exposure to COVID-19 in Canada Order (Mandatory Isolation), No. 4

CBSA officers assess each case at time of entry in accordance with the respective OICs and make a decision based on the information presented at time of processing.

Costco

[Redacted]

ith this information, the BSOs amended their previous understanding that travel was discretionary and allowed the travellers to enter Canada finding their trip to be non-discretionary. The travellers were exempted from the requirement to quarantine for 14 days. The BSOs determined that travel was permitted because it was non-discretionary in that it supports economic activity and supply lines. In addition, the BSOs applied a section 6(e) exemption, pursuant to the Mandatory Isolation Order in Council for "technicians or specialists specified by a government, manufacturer, or company, who enter Canada as required for the purpose of maintaining, repairing, installing or inspecting equipment necessary to support critical infrastructure (Energy and Utilities, Information and Communication Technologies, Finance, Health, Food Water, Transportation, Safety, Government and Manufacturing) and are required to provide their services within 14 days of their entry to Canada and have reasonable rationales for the immediacy of the work and the inability to plan for a 14 day quarantine."

Upon further review of the information provided to the CBSA Border Task Force, it seems that the travel by the executives should have been denied under the existing Orders in Council (OICs) given that the travellers were not able to comply with the requirement to quarantine for 14 days. These executives were not covered by the CPHO exemptions (section 6(e) of the OIC) which was an error of interpretation by the CBSA officers who conducted the clearance.

Orders in Council

There are two OICs that apply to foreign nationals seeking entry into Canada from the United States:

• OIC 2020-0795: Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States)
• OIC 2020-0797: Minimizing the Risk of Exposure to COVID-19 in Canada Order (Mandatory Isolation), No. 4

CBSA officers assess each case at time of entry in accordance with the respective OICs and make a decision based on the information presented at time of processing.

Travel restrictions

In accordance with the travel restrictions outlined in OIC 2020-0795, there are three conditions that must be met in order for a foreign national to be admitted into Canada:

• they must be asymptomatic; and
• their entry must not be for a purpose that is optional or discretionary; and
• they must be able to comply with the requirement to quarantine based on their purpose of travel and intended length of stay if required to do so – to satisfy the prohibition on entry under ss. 4(1)

Failure to meet all three of these requirements in full would mean the foreign national would be prohibited from entering Canada.

Some examples of non-discretionary travel purposes include, but are not limited to, economic services and supply chains; critical infrastructure support; health (immediate medical care), safety, and security; shopping for essential goods, such as medication or goods necessary to preserve the health and safety of an individual or family; and other activities at the discretion of the border services officer.

Despite a foreign nationals travel being considered non-discretionary, they may be prohibited from entering in accordance with subsection 4(1) of the OIC 2020-0795. Subsection 4(1) prohibits a foreign national from entering Canada from the United States if, based on the purpose of entry and the length of their stay, the requirement to quarantine under the Minimizing the Risk of Exposure to COVID-19 in Canada Order (Mandatory Isolation), No. 4 cannot be complied with.

Quarantine requirement

Pursuant to subsection 3(1)(a) of the titled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Mandatory Isolation), "any person who enters Canada and who does not have signs and symptoms of COVID-19 must quarantine themselves without delay in accordance with instructions provided by a screening officer or a quarantine officer and remain in quarantine until the expiry of the 14-day period that begins on the day on which the person enters Canada…"

In accordance to section 6 of the Order in Council, the requirement to quarantine outlined in subsection 3(1)(a) does not apply to a limited class of persons.

When assessing a traveller requirement to quarantine, officials are to start from the position that all travellers are required to quarantine unless they can demonstrate at time of processing that they explicitly meet one of the quarantine exemptions outlined in section 6 of the Order in Council.

Once and if it has been determined that a foreign national's purpose of travel is considered to be non-discretionary, the CBSA officer will then make the determination on whether the individual is exempt from quarantine in accordance with section 6 of OIC 2020-0797. Subsections 6(a) to (o) in the OIC list all individuals who are exempt from the mandatory quarantine requirement. This includes section 6(e), applied by the BSO, stating that a person or any person in a class of persons whom the Chief Public Health Officer determines will provide an essential service.

Travellers, as determined by a CBSA officer at time of processing to be exempt from the requirement to quarantine in accordance with section 6 of the OIC are:

• advised by the CBSA officers of their obligations under the Order, including the wearing of a mask and the monitoring of symptoms as well as respecting the intent of the order to minimize spread of COVID-19 in Canada
• reminded by CBSA officers to be aware of, and to respect the public health guidance and instructions of the area where they are arriving as well as where they will be staying
• provided a PHAC handout by CBSA officers entitled "For persons exempt from mandatory quarantine due to COVID-19"

Workload management (Code 699)

Background

On June 5, 2020, the Parliamentary Budget Officer (PBO) sent a request to the President of the Treasury Board for information on total government expenditures and employee counts associated with pay entitlement code 699 ("Other Paid Leave"), or any other pay entitlement category that is used to account for COVID-19 related leave reasons, between March 15 and May 31, 2020, broken down by department and agency.

The PBO also requested all available data from the Treasury Board of Canada Secretariat (TBS) COVID-19 Tracking System including the number of reported cases of COVID-19, the number of refusals to work due and the number of office closures due to COVID-19.

On July 24, 2020, the PBO released their report on "Public Service Use of Paid Leave for Reasons Related to COVID-19". The report mainly focused on the Canada Revenue Agency (CRA) as it accounts for 70% of reported expenditures for code 699. The CBSA was only mentioned once throughout the report in a table listing the top five federal organizations in terms of code 699 leave expenditures.

According to the report, TBS was only able to report on 62 of the 88 federal public service organizations. TBS informed the PBO that they could not yet provide information on 699 leave in June in part due to the large number of different human resource management systems used across government. These 62 organizations employ 70% of all federal public servants. Assuming the take-up of 699 leave was similar in the 26 missing organizations, the PBO extrapolated that the estimated cost between March 15 and May 31, 2020 has reached $623 million for all federal public service. PBO will update the numbers once it receives the actual data for June.

For the CBSA, TBS compiled the data based on the weekly reports that the Agency has been submitting to TBS since March 2020. The CBSA has accounted for the third highest salary expenditures for employees on this type of leave (behind the CRA and Corrections Canada).

It is important to note that the CBSA was able to start tracking the use of leave code 699 much earlier than most other departments and agencies as they had to develop new processes and procedures to capture and report on these statistics. As a result, other departments may have provided incomplete data, which could explain why the CBSA is listed as having the third highest salary expenditures for employees on this type of leave.

Further, the PBO outlined their view that some organizations have likely underreported their take-up of 699 leave. The PBO felt this was confirmed due to the fact that CRA was tasked with implementing new benefits for millions of individuals and businesses (CERB and CEWS) in a very short timeframe, while continuing to process tax returns and other payments. This would suggest that a sizeable share of employees were in fact working. Conversely, anecdotal evidence indicates that several activities in other government departments were put on hold which suggests that a large proportion of employees were not working, despite the numbers reported by TBS on behalf of these departments. Therefore, the PBO believes that the numbers provided are likely an underestimate of the number of hours of work lost during this period.

Given that CBSA is an Agency with a large proportion of employees performing front line operational duties at ports of entry, and interacting with the public, it is expected that the Agency would account for a larger use of COVID-related 699 leave when compared with non-operational departments and agencies.

Border security contracts with Nuctech

Background

On July 17, 2020, Global News published an article, noting that Nuctech had been awarded four border security and customs warehouse contracts to provide scanners and lab equipment to the CBSA.

The CBSA currently has three contracts with Nuctech, which provided equipment being used at the border. A fourth contract is in place for an additional piece of equipment but it has not yet been delivered. All four contracts were competitively tendered and they were all issued by Public Service and Procurement Canada (PSPC), on behalf of the CBSA.

In regards to the security concerns surrounding all four contracts: all of these systems are stand-alone devices and none of them are connected to the CBSA or government networks.

The CBSA works with PSPC's specialist Industrial Security Program to address any security risks related to the contracting activities. The work involved in clearing Nuctech Co. Ltd, as well as any particular supplier, is done by PSPC's Industrial Security Program. The CBSA, as a client of PSPC, provides the requirements for the contract, as it would for any other contract, in the Statement of Work. Once the vendor has been cleared and the contract is awarded by PSPC, the CBSA is responsible for security screening of any contractors who require unrestricted access to CBSA's premises or information.

CBSA has four (4) active contracts with Nuctech Co. Ltd:

1. Contract A (value $2.54 million CAD) commenced on October, 30 2017 for the purchase of a Pallet / Large Scale Imaging System – this has been installed in the [Redacted] and is used to X-ray palletized goods [Redacted]
2. Contract B (value $1.01 million CAD) commenced on November, 7 2017 for the purchase of 19 Warehouse X-Ray Systems – these have been installed in a number of facilities across Canada and are used to X-ray commercial goods [Redacted]
3. Contract C (value $0.48 million CAD) commenced on January, 2 2019 for the purchase of 11 Low Conveyor X-Ray Systems – these have been installed in a number of facilities across Canada and are used to X-ray passenger baggage in secondary operations
4. Contract D (value $4.00 million CAD) commenced on November, 12 2019 for the purchase of a Mobile Large Scale Imaging System – [Redacted] and will be used to X-ray [Redacted]

Appeal Court of Alberta decision on the examination of digital devices at the border (Canfield/Townsend)

Issue: The decision in the Canfield/Townsend appeal case was issued on October 29th. The judges found the examinations of digital device is unconstitutional because there are no limits on the examination. This decision has been stayed for a year to allow the Government to respond with relevant legislative changes or to appeal.

Background

This case involves two convictions from 2018 for possession and smuggling of child pornography. In the original trial, the judge found that the defendants' Charter rights were not breached and the use of section 99(1)(a) of the Customs Act to examine travellers' digital devices does not violate section 8 of the Charter. The defendants appealed that decision, emphasizing that societal changes and the inherent personal nature of the content on digital devices brings the examination of these devices into conflict with Charter rights.

The appeal judges found that 99(1)(a) in the context of digital device examinations is unconstitutional because there are no limits on the examination – they have declared that digital devices no longer fall under the definition of "goods" in the Customs Act and therefore are not subject to examination under 99(1)(a). Of note, the judges explicitly declined to establish a threshold requirement for the examination of digital devices and stated that some of the information commonly stored on digital devices must be available to officers as part of the routine screening of passengers.

While this may have impacts on our operations in the future, the court has stayed the decision for a year to allow for the Government to respond with the relevant legislative changes or to appeal the decision. Analysis is still being done in conjunction with Department of Justice and Public Prosecution Service lawyers on what the next steps for this case will be. However, the decision on whether to appeal to the Supreme Court of Canada rests with the Attorney General of Alberta and the Director of Public Prosecutions.

Operationally, officers are still permitted to perform digital device examinations because of the stay of decision that was issued. Officers will continue to perform these examinations in line with the CBSA's Policy on Port of Entry Examinations of Travellers' Digital Devices.