Standing Committee on Public Safety and National Security: 2020 to 2021 Main Estimates and Supplementary Estimates (B) (November 25, 2020)
Current issues

COVID-19 impact at the border

Overall: Weekly data

• Overall, there has been a decline of 85% in travellers across the country in all modes versus the same period last year (over the last 7 days, up to November 19)
• Traveller volumes at the border decreased by approximately 5% between November 9 to 15 and two weeks prior (October 26 to November 1):
  • 9% more U.S. air travel
  • 10% less international air travel
  • 2% less commercial truck drivers at the land border
  • 9% less in other highway traffic

Admissibility of foreign nationals under family reunification (from June 9 to November 22)

• Orders in Council have been introduced that contain provisions which allow foreign nationals who are immediate family members of Canadian citizens and permanent residents to seek entry to Canada for the purpose of being with their family members
• Thus far, 20,432 foreign nationals have been allowed to enter Canada for the purpose of family reunification. These travellers were destined to the following provinces/territories:
  • Nova Scotia: 3
  • New Brunswick: 460
  • Quebec: 4,440
  • Ontario: 7,983
  • Manitoba: 194
  • Saskatchewan: 109
  • Alberta: 190
  • British Columbia: 7,052
  • Yukon: 1

Note: Immediate family members can enter Canada under the new OIC 31 and OIC 32 if: (1) they are asymptomatic (2) they are entering Canada to be with their immediate family member; and (3) they can demonstrate the intent to stay in Canada for a period of at least 15 days. In order for a foreign national to be allowed to enter Canada, the standard for entry must be met in full otherwise, they can be denied entry to Canada.

Travellers: Air mode (from March 22 to November 22)

• Decrease of 95% in U.S. air travellers versus the same period last year (over the last 7 days, up to November 19)
• Decrease of 90% of international air travellers arriving from other locations (other than the U.S.) versus the same period last year (over the last 7 days, up to November 19)
• 1,380 U.S. citizens and 413 foreign nationals travelling from the U.S. by air were denied entry into Canada
• 639 foreign nationals from locations other than the U.S. were also denied entry
• 3,937 air travellers responded positively to health screening questions nationally, and 467 travellers were referred^{Footnote 1} by the CBSA to a Public Health Agency of Canada (PHAC) Quarantine Officer
• 10,554 asymptomatic travellers referred to PHAC for not having suitable accommodation to quarantine (April 17 to November 22)

Travellers: Land, rail and marine mode (from March 22 to November 22)

• Overall decrease of 79% of highway volumes when compared to this same period last year (over the last 7 days, up to November 19)
• The number of individuals travelling by ferry has decreased by 100% when compared to this same period last year (over the last 7 days, up to November 19)
• The number of private boaters has decreased by 83% when compared to this same period last year (over the last 7 days, up to November 19)
• Passenger rail service has been suspended until further notice (decrease of 100%)
• 22,371 U.S. citizens, and 3,099 other foreign nationals, were denied entry due to non-essential travel
• 1,609 travellers arriving in land, rail and marine modes responded positively to health screening questions nationally, and 376 travellers were referred^{Footnote 1} by the CBSA to a PHAC Officer
• 4,532 asymptomatic travellers referred to PHAC for not having suitable accommodation to quarantine (April 17 to November 22)

Refugee claimants

• Week over week, there has been a relatively consistent number of asylum seekers at the Canada/U.S. border since travel was restricted
• Between March 21 and November 22:
  • 1,063 claimants arriving at a port of entry met an exemption to the Safe Third Country Agreement (STCA) and were allowed entry to Canada to proceed with their claim and
  • 38 claimants were admitted into Canada from the U.S. as an exception under the OICs whereas
  • 219 refugee claimants seeking entry to Canada were found to be ineligible under the STCA and
  • 218 refugee claimants seeking entry to Canada have been temporarily directed back to the U.S.

Canadians turned back at U.S. border (as of November 22)

• There were 35 Canadians turned back at the U.S. border in air mode for non-essential travel, and 8,329 in land, rail and marine modes

Commercial operations: Year over year data

• Overall, there has been an decrease of 2% in commercial truck traffic versus the same period last year (over the last 7 days, up to November 19)
• Overall, there has been an increase of 6% in commercial releases in all modes versus the same period last year (over the last 7 days, up until November 19)
  • Increase of 7% in highway releases versus the same period last year (over the last 7 days, up until November 19)
  • Decrease of 3% in air releases versus the same period last year (over the last 7 days, up until November 19)
  • Increase of 28% in marine releases versus the same period last year (over the last 7 days, up until November 19)
  • Increase of 9% in rail releases versus the same period last year (over the last 7 days, up until November 19)
• The service standard for Commercial Border Wait Times (45 minutes) was met 99.6% of the time in the last week

Border Information Service (on November 19)

• The CBSA's Border Information Service telephone line is now accessible 24/7 to respond to traveller and business queries
• 2,925 calls received
• 64% domestic calls to 36% international
• 77% traveller-related; 23% commercial-related
• The most common questions were related to: admissibility (essential travel, immediate family and/or extended family members, transiting Canada), quarantine requirements/exemptions, immigration related inquiries (work/student permits), postal related inquiries (personal and commercial)

ArriveCAN (as of November 19)

• Traveller processing has been streamlined through the implementation of web-based applications for submitting information on quarantine plans
• As of November 4, 2020, passengers can expect to be notified by their air carrier of the need to submit COVID-related information digitally prior to boarding their flight to Canada
• As of November 21, 2020, travellers seeking entry by air to Canada will be mandated to submit COVID-related information through these digital means before boarding their flight to Canada
  • At that time, travellers who have not completed the information digitally prior to boarding will be permitted to board the aircraft and seek entry to Canada
  • Non-compliant travellers may be subject to enforcement action, which may include a fine or penalty upon arrival
• Digital traveller information can be shared quickly and securely with provinces and territories to support public health follow-up, and with law enforcement to verify compliance with the Mandatory Isolation Order
• Submitting information digitally in all modes of travel also helps travellers reduce their processing time at the border and limit physical contact between travellers and BSOs, as well as Public Health Agency of Canada officers. This also protects the health and safety of travellers and officers
• Up to November 19, the CBSA has used data obtained from web based applications (for example, ArriveCAN) to process 329,786 travellers in the air (236,780), land (92,916) and marine (90) modes

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 34: 2020-0886 entitled Prohibition on Entry into Canada from the United States, has effect from the period beginning on November 21, 2020 (11:59:59 pm) and ending on December 21, 2020 (11:59:59 pm). This order repeals and replaces OIC 31: 2020-0838.

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 practitioner
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.

Between April 1 and November 4, 2020, 5,509,796 individuals entered Canada from the United States, a 89.7% decrease from last year (53,541,148 in 2019).

Since the implementation of the travel restrictions for travellers seeking entry from the US, to November 5th, 2020:

• 21,314 U.S. citizens were denied entry to Canada from the US in the land/rail/marine mode for discretionary travel reasons
• 2,963 foreign nationals (non U.S. citizens) were denied entry to Canada from the US in the land/rail/marine mode for discretionary travel reasons
• 1,722 foreign nationals were denied entry to Canada from the U.S. in air mode for discretionary travel reasons. Of which, 1,327 were U.S. citizens and 395 were other foreign nationals (excluding U.S. citizens)

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 February 28, 2021. 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 February 28, 2021.

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).

Alaska transit

Background

Media reports have suggested that some foreign nationals entering Canada although claiming to be transiting to/from Alaska, are actually entering for purposes of tourism and travel. This coverage has suggested that an unknown number of American foreign nationals are not proceeding directly to their stated destination, but are instead engaging in tourism or recreation (for example, visiting parks or other establishments).

The RCMP have validated a number of related referrals from the general public and have issued fines to U.S. foreign nationals who had indicated upon entry their intent was to transit through Canada to Alaska. While the number of incidents is low, it will be important to address this irritant, especially as COVID-19 cases continue to escalate in the U.S.

Travellers seeking to transit from the lower 48 states to Alaska are limited to five identified ports of entry: Osoyoos, Kingsgate and Abbotsford-Huntingdon in British Columbia; Coutts, Alberta; and North Portal, Saskatchewan.

Upon arrival at a one of the five identified ports of entry (POE), a traveller seeking to transit through Canada is required to substantiate their purpose for going to Alaska. Only in circumstances where the CBSA determines the traveller is transiting for a non-discretionary purpose (that is, work or going to primary residence) will they be admitted to Canada.

The CBSA requires that these travellers provide and substantiate their intended purpose of travel. When interacting with travellers whose transit to Alaska is non-discretionary, the CBSA provides written conditions to transiting travellers requiring that they transit by the most direct route, and avoid tourist locations, limiting the time they are allowed in Canada and requiring that they confirm their departure from Canada.

Transiting travellers are also given a tag to hang from their rear-view mirror which advises that they must transit by the most direct route, use drive-thru and pay-at the pump for gasoline and wear a mask when physical distancing is not possible. This tag also makes their vehicle easily visible to responding police agencies.

The CBSA implemented a robust approach to ensure greater compliance and potential enforcement on July 31 at 00:01 PDT.

As of November 1, 2020, since the coming into force of the enhanced in-transit measures for travellers transiting to or from Alaska, there have been 7,860 border crossing instances involving a group or single person (1,741 included multiple travellers). Of these instances, 63% were foreign nationals seeking to enter from Alaska and transit south to the lower states, while foreign nationals seeking to enter Alaska from the lower states to transit north accounted for 37%. As of November 1, of the 7,860 lookouts entered, 93% (7,286) of the lookouts were expired, 4% (342) were active, and 3% (232) were pending expiry. Note that in some cases, the clients who are the subject of an active lookout may have exited and the lookout is in the process of being expired or is pending expiration.

Approximately 99% of cases of in transit travellers to or from Alaska have complied with the requirement to leave Canada within the time designated by the CBSA officer at time of entry.

Of the 7,860 cases of Alaska in-transit travellers as of November 1, approximately 1% (114) have been confirmed by the CBSA to have been in Canada beyond the time allotted for their transit to occur. In all cases where Alaska in-transit travellers were identified to have been in Canada beyond the designated time, both the RCMP and PHAC were notified. Some of the cases have been as a result of incidents outside the travellers control, including car accidents. As of November 1, 3% (11) of active in-transit cases (342) were travellers who had been identified as being still in Canada beyond their authorized transit time. Note they may have departed at the time this report is produced or provided.

Since November 1, 2020, the CBSA is aware of 4 cases in which contravention tickets associated with Alaska in-transit travellers were issued under the Contraventions Regulations under the Quarantine Act, for not respecting the reasonable measure order during their transit. In addition, the CBSA has issued 1 removal order associated with an in-transit Alaska traveller. The removal of this client has been confirmed. Other contraventions may have been issued under other legislation (for example, provincial legislation).

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

Temporary service changes at select ports of entry

Background

The Canada-US border has seen a number of enhanced border measures at land Ports of Entry (POEs) take effect since March 21, 2020. A reduction in hours of service at 27 Canadian POEs also came into effect at 11:59 pm ET on April 15, 2020. On May 12, 2020, at 11:59 pm ET, the CBSA temporarily suspended service at 476 small air and marine reporting locations. As of July 3, 2020, at 11:59 pm ET, the CBSA has temporarily reduced service hours at 12 land and 8 air ports of entry along with deferring the seasonal opening of one marine port of entry and postposing the implementation of seasonal hours at one land port of entry. On July 23, 2020, at 11:59 pm ET, following the US CBP decision to reduce hours of service, the CBSA temporarily reduced service hours at 2 land ports of entry, and further reduced the hours of service at 1 previously-announced land POE. These measures will remain in effect until further notice and are in response to the COVID-19 pandemic.

In making these temporary service reductions, the following considerations were taken into account:

Workforce effectiveness

This measure allows the CBSA to preserve capacity should the front line be significantly reduced as a result of COVID-19, as well as, allow for the reallocation of its front-line workforce to higher-traffic sites.

Health and safety

Temporarily reducing hours of operation or suspending service at select POEs also helps to limit the possible transmission points of COVID-19 for inbound travellers and goods. This will also allow the CBSA to focus resources on the screening and assessment of potentially symptomatic travellers and support the Public Health Agency of Canada in enforcing the quarantine and self-isolation requirements. It is also in alignment with the Government's current objective to have all inbound travellers assessed for symptoms of COVID-19.

Other considerations

These changes will not affect Canada's supply flow during this pandemic.

Border officers at the border

Background

CBSA port of entry management provides regular briefings to staff on the enhanced measures and procedures in place. In addition, officers are briefed on emerging issues as they arise, as well as any upcoming potential situations or changes to practices.

In addition to the regular briefings to staff provided by CBSA port of entry management, when available, and at locations where PHAC resources are on site or in the vicinity, PHAC officers attend shift briefings to support CBSA port of entry management, and ensure that CBSA officers have the most up to date information, understanding of trends, as well as an opportunity to ask questions related to COVID-19, including how to protect themselves and about potential risks.

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.

Supplemental information from Health Canada on Border Services Officers training

As part of Highly Toxic Substance (that is, opioid) procedures, all Border Services Officers need to be trained on proper donning and doffing of Personal Protective Equipment (including N95). CBSA has an internal video for this purpose. In accordance with the Agency's Respiratory Protection Program, employees cannot wear respirators without being fit tested to ensure an adequate fit.

In light of COVID-19, regional management arranged for supplemental, local training sessions for CBSA officers by Health Canada nurses.

COVID-19 cases at the CBSA

There have been 95 confirmed cases of CBSA employees with COVID-19 with 67 of those cases now being reported as fully recovered.

Positive cases

• Headquarters: 21
• Atlantic: 1
• Quebec: 23
• Northern Ontario: 3
• Greater Toronto Area: 20
• Southern Ontario: 5
• Prairie: 5
• Pacific: 17

Recovered cases

• Headquarters: 14
• Atlantic: 1
• Quebec: 20
• Northern Ontario: 0
• Greater Toronto Area: 12
• Southern Ontario: 5
• Prairie: 3
• Pacific: 12

CBSA COVID-19 Confirmed cases

• Front Line Staff (BSOs, IEOD, Removals): 71
• Office Staff: 24
• Total: 95 (of the 95 cases, 7 have been identified as potentially linked to the workplace [5 front line and 2 office]).

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 32, came into force on October 30, 2020 with an expiry date of Novenber 30, 2020. This order replaces a previous order (OIC 28).

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.

Between April 2020 and September 2020, the CBSA and IRCC have processed 7,797 claims compared to 17,165 for the same period last year (80,390 claims total fiscal year 2019 to 2020).

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 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, 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. On October 26, the Federal Court of Appeal granted the request made by the Government to temporarily suspend the lower court's decision. The Government is now waiting for the decision to be rendered.

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.

COVID-19 Measures at Immigration Holding Centres

Background

On April 19, 2020, coordinated, non-violent protests occurred outside all three CBSA IHCs. In an article published by Global News, these protests called for the release of immigration detainees in light of the novel coronavirus pandemic. Institutions, such as IHCs, are being criticized for their inability to provide acceptable medical treatment in addition to facilitate self-isolation/social distancing. On May 17, 2020, another protest was held outside of the IHC in Laval to denounce the use of electronic tracking bracelets on migrants upon their release.

The CBSA works to ensure that it is exercising responsibility for detentions to the highest possible standards, with the physical and mental health and well-being of detainees as well as the safety and security of Canadians as primary considerations. Detainee rights are guaranteed by the Canadian Charter of Rights and Freedoms; individuals who are detained for immigration purposes are protected from arbitrary arrest and detention and have access to effective remedies.

CBSA officers detain foreign nationals and permanent residents when there are reasonable grounds to believe the person is inadmissible to Canada and is:

• a danger to the public
• unlikely to appear (flight risk) for immigration processes
• unable to satisfy the officer of their identity (foreign nationals only)
• upon entry, to complete an immigration examination
• has been designated as part of an irregular arrival by the Minister of Public Safety (16 years of age or older only)

CBSA officers may also detain foreign nationals and permanent residents at a port of entry where there are reasonable grounds to suspect the individual is inadmissible due to security grounds, human rights violations or criminality. Immigration detention is administrative; exercised to ensure the integrity of the immigration system and public safety. Detention is a last resort and officers must always consider alternatives. Should a detainee in CBSA care be seriously ill and in need of immediate medical attention, they would be referred to the appropriate local or emergency health authority for medical assessment without delay.

The CBSA is working closely with the Public Health Agency of Canada (PHAC) to prevent the spread of the 2019 Novel Coronavirus (COVID-19). PHAC is responsible for advising the CBSA of any enhanced measures that must be implemented at the border to help prevent the introduction and spread of serious infectious diseases into Canada.

All individuals who have an IRPA detention initiated at a POE are being instructed to wear a surgical mask during transport to a detention facility. CBSA has three Immigration Holding Centres (IHCs) located in Surrey, British Columbia, Laval, Quebec and Toronto, ON, and relies on provincial correctional facilities in other regions.

In light of the novel coronavirus pandemic, temporary measures have been implemented to further mitigate the risks to more vulnerable detainees and limit the use of detention as much as possible. With the goal of minimizing the risk of introducing and spreading COVID-19 to CBSA facilities, the CBSA has:

• restricted access to IHC facilities to those performing critical services, such as health/mental health services (including doctors and nurses on staff 24 hours, 7 days per week), security services, food services, cleaning services and, when applicable, legal services
• enhanced hygiene measures for persons authorized to enter the IHCs
• undertaken additional measures to completely sanitize spaces and facilities for detainees and staff
• increased the frequency of cleaning bathrooms, rooms, common areas and lobbies in IHCs
• implemented mandatory use of personal protective equipment at all times for those working at CBSA facilities in order to prevent the spread of Covid-19
• mandated that staff, contracted staff, and detainees currently adhere to social distancing at all times, as recommended by health authorities, unless exceptional situations arise
• introduced two time slots for each meal at IHCs to facilitate social distancing
• set up teleconferencing services to avoid the need for detainees to travel (for example, hearings and/or detention reviews)
• discontinued personal visits until further notice, except for legal advisors, designated government representatives and interpreters
• improved access to telephones as well as allowing for free long-distance calling, where possible, in order to maintain connections with support systems at this difficult time
• implemented enhanced medical oversight of detainees
• began conducting twice daily temperature checks in the Toronto IHC
• implemented a Covid-19 medical screening form for all new IHC admissions
• been working with the Immigration and Refugee Board to ensure detention reviews are being held via telephone or videoconference to the greatest extent possible

Should a detainee in CBSA care be seriously ill and in need of immediate medical attention, they would be referred to the appropriate local or emergency health authority for medical assessment without delay. This also applies to cases of persons arrested at inland locations within Canada. In situations where the Immigration and Refugee Board determines the release of a detainee before the 14-day self-isolation period is complete, a Medical team will meet with the individual and provide them with directives for continuing their self-isolation, along with the same handout that is being provided in airports.

The CBSA will continue to engage with PHAC on any cases of suspected exposure to COVID-19. The CBSA is constantly reviewing its processes and procedures as events unfold. The CBSA also continues to work with its provincial partners on measures to ensure the safety and security of CBSA detainees who are being detained in provincial facilities.

Detention statistics

Since November 2016, the CBSA has been posting statistics related to immigration detention online.

As of November 9, 2020, the three Immigration Holding Centres have a combined total of almost 400 beds. Of the 138 individuals in the detention population, 28% are in Immigration Holding Centres,70% in provincial facilities, and 3% are in other facilities.

Since the beginning of the COVID-19 pandemic, the CBSA has made a concentrated effort to ensure the volume of detained persons remains at a minimum. Over the past two weeks, the majority of new detention admissions (96%) can be attributed to the CBSA responding to referrals from a partner law enforcement agency, intercepting individuals inland, or receiving individuals transferred to CBSA immigration detention at the conclusion of a court hold or sentence served.

Minors in detention

The CBSA does not separate a minor from their parent/legal guardian 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 the parent/legal guardian is held in detention, a non-detained child may be "housed" at an Immigration Holding Centre (IHC) with the parent/legal guardian upon the parent's/legal guardian's request and consent. The majority of minors in IHCs are housed with their parent(s)/legal guardian(s).

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, psychological 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, special 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.

Removals

Background

CBSA removals process

As part of its enforcement of the Immigration and Refugee Protection Act (IRPA), the CBSA has a statutory obligation to remove any foreign national that has been issued a removal order for violating the IRPA. Removals are 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; based on a family member's inadmissibility, and non-compliance with the IRPA (for example, overstaying the time you are permitted to remain in Canada).

Every foreign national ordered to be removed from Canada is entitled to due process before the law and 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, throughout the process, accompanied by a stay motion in the case of those facing imminent removal. Some 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

In the 2018 to 2019 fiscal year, the CBSA removed 9,694 individuals from Canada; it removed 11,518 in the 2019 to 2020 fiscal year. These represent the highest removal numbers in the last four years for the Agency. As of November 5, 2020, the CBSA has removed 6,147 individuals for the 2020 to 2021 fiscal year, which has been impacted by a removal stoppage due to COVID-19. The breakdown is as follows:

Total Removals: 6,147

• POE Removals: 365
• Inland Removals: 5,782
  • R240(3) Removals (that is, Administrative Removals): 4,476
  • Serious inadmissibility cases (ss34, 35, 36 & 37 of IRPA): 124
  • Voluntary (that is, requested to leave during pandemic): 1,182

Removals during COVID-19

On March 17, all scheduled removals were postponed and will continue to be suspended. However, exceptions may be considered on a case-by-case basis, whether at ports-of-entry or inland, particularly:

• serious inadmissibility cases
• individuals who approach the CBSA with a request to leave voluntarily. The Agency will facilitate the removal, as per normal process, by purchasing an airline ticket if the individual is unable to do so themselves

While the vast majority of removals are currently postponed, removals are still being administratively enforced as per regulatory changes that came into effect in 2018 (section 240(3)). When the CBSA receives adequate information that a foreign national has left Canada without confirming their departure, the removal order can be enforced within CBSA systems and the case is closed (meaning it no longer appears in removal inventories). These administrative removals are leading to greater removal data integrity as committed to in the Agency's response to the office of the Auditor General following the recent audit on the program (released on July 8, 2020). This activity can be conducted by officers working from home in light of pandemic response measures and will contribute to additional removal statistics during the period of COVID-19 measures and contributes to the total number of cases recorded thus far in the 2020 to 2021 fiscal year.

Furthermore, an Administrative Deferral of Removal (ADR) was imposed on Hubei Province, China, on January 31, 2020. It was subsequently lifted on July 30, 2020. On August 4, 2020, as part of the Removals Resumption Plan, the CBSA resumed escorted removals of serious inadmissibility cases.

Trade-based money laundering

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 five years and $19 million ongoing to support a whole-of-government approach to strengthening the Government of Canada's capacity within six 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 five 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 will 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.

Border security contracts with Nuctech

Issue: Recent media attention on 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. On November 18, 2020, Global News published another article, referencing the same four contracts.

The CBSA currently has four fulfilled procurement contracts for the acquisition of detection technology with Nuctech - the earliest of which commenced in the fall of 2017, and the latest fulfilled in fall of 2020. Five Pallet Large Scale Imaging (LSI) systems were also scheduled to be purchased under the Initiative to Take Action Against Gun and Gang Violence (ITAAGGV), and installed at major air cargo centers across the country.

The latest contract for the Mobile LSI was fulfilled in November 2020. After conducting performance and usability tests, the unit was planned to be deployed to a land border. If successful, this product was to replace the current fleet of aging Mobile LSIs; however, the CBSA has not deployed this equipment.

All of these devices are standalone devices, not directly connected to the CBSA or Government of Canada (GoC) networks. Images and information are stored directly on the devices themselves, with an over-writing function once the hard-drive fills up. It is suggested that this is about every 30 days. The devices had previously been serviced between one to two times per year (which would include any maintenance and updates) by an employee/engineer from the Nuctech, who requires escort while on CBSA premises. Each contract would have a two year warranty covering preventative maintenance (1-2 times per year) as well as servicing for any issues. After this, there would be options within the contract to extend the maintenance/servicing.

The typical lifecycle for these devices is approximately eight years; however, given the sensitive role that detection technology plays at the border and for the security of Canada, as well as PSPC's recent classification of detection technology at the border as a sensitive sector, the CBSA is currently reviewing all of its detection technology and future procurements.

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.

The details of the CBSA's four fulfilled contracts with Nuctech are as follows:

1. Contract A (value [Redacted] CAD) commenced on October 30, 2017, for the purchase of a Pallet / Large Scale Imaging System – this has been installed in the Robert Banks Maritime Container Examination Facility in BC and is used to X-ray palletized goods offloaded from marine containers
2. Contract B (value $1.01 million CAD) commenced on November 7, 2017, for the purchase of [Redacted] Warehouse X-Ray Systems – these have been installed in a number of facilities across Canada and are used to X-ray commercial goods offloaded from marine containers and air courier transports
3. Contract C (value $0.48 million CAD) commenced on January 2, 2019, for the purchase of [Redacted] 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 [Redacted] CAD) commenced on November 12, 2019, for the purchase of a Mobile Large Scale Imaging System – this unit was delivered in November 2020 and could be used to X-ray fully loaded marine containers, commercial trucks and vehicles. The CBSA has not deployed this equipment

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

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

• 49.5% of hires were Women
• 9.3% of hires were Visible Minorities
• 0.9% of hires were Indigenous Peoples
• 10.9% of hires were Persons with Disabilities

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]

With 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"