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Agency overview—Standing Committee on Public Safety and National Security: 2020 to 2021 Supplementary Estimates (C) and 2021 to 2022 Main Estimates (March 24, 2021)

Summary of important events and border measures

On January 22, 2020, enhanced border screening measures were implemented at four major airports for travellers arriving from Wuhan, China. By February 9, 2020, enhanced screening was in place at all international airports in Canada. By March 6, 2020, enhanced border screening measures were implemented in land, rail and marine modes.

March 12, 2020, enhanced screening was expanded to include travellers who had been in Iran and Italy. March 14, 2020, the Government issued a global travel health notice advising Canadians against non-essential travel.

March 21 and 22, 2020, travel restrictions were first put in place prohibiting entry by foreign nationals for discretionary/optional purposes. These restrictions have been reviewed and updated monthly. Capacity for the Border Information Services was also increased to assist travellers and traders by telephone and email.

March 25, 2020, PHAC instituted the requirement for all in-bound travellers to self-isolate for a period of 14 days, with limited exceptions.

March 31, 2020, CBSA began capturing basic biographical data and contact information for travellers required to self-isolate, to support PHAC’s contact tracing and compliance enforcement efforts.

April 15, 2020, border restrictions were updated to require travellers entering Canada to wear masks, and to verbally acknowledge the requirement to quarantine or self-isolate.

April 29, 2020, the ArriveCAN application was launched to enable all incoming travellers to Canada to submit mandatory contact tracing information quickly, easily and securely. On November 21, 2020, it became mandatory for all travellers in air mode to submit public health information digitally. On February 22, 2021, it became mandatory for all land travellers to submit their information electronically before or when entering Canada. As of March 22, 2021, all land travellers, with some exceptions, have been required to submit information electronically before entering Canada.

Important exemptions to travel restrictions and/or public health measures were established for immediate family members (June 8, 2020), sports leagues and professional athletes (via NIE on June 19, 2020, and via PCH letter for high-profile amateur athletes participating in single sport events on November 29, 2020), extended family members, international students, and in compassionate cases (October 7, 2020), and those who seek regular, necessary, and medically-authorized treatment outside of Canada (February 22, 2021).

In response to the second wave of the pandemic, as well as increased traveller volumes in the Fall and Winter and the emergence of new and more transmissible COVID variants, starting on December 29, 2020, over 600 BSOs were assigned to four major international airports as enhanced visibility officers.

December 31, 2020, the Government announced a new pre-departure testing requirement for air travellers five years of age or older with some exceptions. The requirement came into effect on January 7, 2021 with temporary exemptions in place for travellers arriving from countries with limited testing capacity.

February 15, 2021, travellers arriving to Canada by land, with some exceptions, are required to provide proof of a valid COVID-19 molecular test taken in the U.S.

February 22, 2021, travellers arriving to Canada by land or air, with some exceptions, are required to take a COVID-19 molecular test on arrival, as well as toward the end of their 14-day quarantine. Air travellers are also required to reserve, prior to departure to Canada, a 3-day stay in a government-authorized accommodation.

CBSA Budget investments since October 2015

2015 Off-Cycle Request

1. Rapid Resettlement of 25,000 Syrian Refugees: The Agency received $26.4M from 2015-16 to 2020-21 in funding to support the Government of Canada’s rapid resettlement of 25,000 Syrian refugees by February 29, 2016.

Budget 2016

2. Gordie Howe International Bridge (GHIB): Budget 2016 announced total funding for the GHIB of $144.6M over 5 years to support fit-up and staffing.

3. Investing in Infrastructure for Security Agencies: As part of a federal infrastructure investment, Budget 2016 provided more than $128M over two years on a cash basis, starting in 2016–17, to improve the physical infrastructure that is relied upon by law enforcement and intelligence agencies across the country on a daily basis. This investment contributed to the rehabilitation, construction and modernization of facilities of the RCMP, CSIS and the CBSA. The investment aimed to address health and safety concerns for officers, ensure the continuity of mission-critical operations, repurpose existing spaces to better meet program requirements and upgrade training facilities, in particular those at the RCMP Depot Division located in Regina, Saskatchewan. The CBSA Portfolio Recapitalization was supported in the amount of $63.7M over two years.

4. Improving Export Verifications: Budget 2016 provided $9.6M over five years, starting in 2016– 17, to improve export verifications by enabling the Agency to enhance identification processes and increase examination rates of high-risk shipments. The CBSA’s export verifications prevent the proliferation of weapons of mass destruction and the export of goods that have been obtained illegally.

5. Security and Integrity of the Border: Budget 2016 supported increased resources to manage traveller, commercial and postal volume and security challenges, while maintaining current service standards and levels of enforcement. Total funding received was $129.5M over 5 years.

Off-Cycle

6. Expanding Canada’s Intake of Syrian Refugees: The Agency received an additional $6.2M over 5 years to resettle an additional 10,000 government-assisted Syrian refugees over the course of 2016.

7. Immigration Levels: The Government announced an increase to the overall target level for permanent resident admissions for 2016 (a 7-per-cent increase over the 2015 target level.). A total of $1.7M was provided to the CBSA in 2016-17 to support the processing of these additional admissions.

Budget 2017

8. Path Forward on the Temporary Foreign Worker Program (“TFWP”) and the International Mobility Program (“IMP”): The CBSA received $39.1M over five years with $7.7M ongoing to continue implementing reforms to the TFWP and to hire additional criminal investigators to inquire on suspected instances of fraud within the TFWP and IMP.

9. Maintain Program Integrity at the Canada Border Services Agency: Budget 2017 provided $98M in 2016-17 and $143M in 2017-18 tomaintain program integrity at the CBSA.

10. Supporting the Resettlement of Yazidi Refugees. In support of the resettlement of Yazidi refugees, Budget 2017 provided the CBSA with $1.6M in 2017-18.

Budget 2018

11. A Strong Sanctions Regime (Sergei Magnitsky Law): The Government provided $22.2M over five years, starting in 2018–19, and $4.3M per year thereafter, to Global Affairs Canada and the CBSA to strengthen Canada’s sanctions system. Of this amount, the CBSA received $3M over 3 years with $1.0M ongoing.

12. Strengthening the Canada Border Services Agency: The Government invested $85.5M in 2018–19 to enable the CBSA to continue existing operations in support of its mandate.

13. Safeguarding Canadians With an Enhanced Passenger Protect Program: The Government enhanced the Passenger Protect Program with investments of $81.4M over five years, starting in 2018–19, and $14.0M per year ongoing, for the CBSA, Public Safety Canada and Transport Canada. Of this amount, the CBSA received $73M over 5 years and $9.9M ongoing. The investments were intended to develop a rigorous centralized screening model and establish a redress mechanism for legitimate air travellers who are affected by the program.

14. Addressing the Opioid Crisis: Budget 2018 provided $33M over 5 years with $5.4M ongoing to equip border agents with detection and identification tools to intercept fentanyl and other substances at ports of entry.

15. Irregular Migration: Managing the Border: The Government provided $173.2M to support security operations at the Canada-U.S. border and the processing of asylum claimants arriving in 2018–19. Of this amount, the CBSA received $72M over 2 years, starting in 2018-19. Overall, funding was intended to help manage the increased number of people seeking asylum in Canada by supporting short-term processing and security screening at the border, as well as by supporting decision-making capacity for the Immigration and Refugee Board.

Off-Cycle funding received pre- and post-Budget 2018

16. Taking Action Against Guns and Gangs. The Government provided $327.6M over five years, starting in 2018–19, and $100M per year ongoing, to Public Safety Canada, the RCMP and the CBSA to establish the Initiative to Take Action Against Guns and Gangs—a multi-pronged approach to tackle gun and gang activity in Canada intended to bring together federal, provincial and territorial efforts to support community-level prevention and enforcement efforts, build and leverage unique federal expertise and resources to advance intelligence related to the illegal trafficking of firearms, and invest in border security to interdict illicit goods including guns and drugs. Funding was also provided to Indigenous organizations to help build capacity through education, outreach and research, addressing the unique needs of Indigenous communities and urban populations. Of this amount, the CBSA was provided $79.7M over 5 years with $7.5M ongoing.

17. Duty Deferral Program: The CBSA received $20.7M over 5 years with $4.0M ongoing, intended to improve the Agency's delivery and control of the Duties Relief Program and the Duty Drawback Program by increasing the resources available for the delivery, coordination, oversight and service and compliance aspects of the programs.

18. Special Import Measures Act: To increase investigative and compliance activity and to allow for improvements to the Steel Import Monitoring Program, the CBSA received $29.1M over 5 years with $6.5M ongoing.

19. Immigration Levels: Budget 2018 re-iterated the funding approved in Fall 2017 to enforce Canada’s Immigration Program and the resettlement of refugees in line with the 2018-20 multi-year plan to achieve the Government’s economic, family reunification and humanitarian objectives and to support its growth agenda. The CBSA was provided $74.5M over 5 years with $13.7M ongoing.

20. Canada’s G7 Presidency & Leaders’ Summit: The CBSA received $1.0M in 2018-19 to support the delivery of logistics and security for Canada's 2018 G7 Presidency and Leaders’ Summit.

Budget 2019

21. Addressing the Challenge of African Swine Fever: The CBSA Agency uses detector dogs to screen for food, plant and animal products at international airports. To help ensure that no contaminated products enter the country, Budget 2019 provided the CBSA with up to $31M over the next five years, starting in 2019–20 (and up to $5.8M per year ongoing) to increase the number of detector dogs deployed across the country.

22. Enhancing Accountability and Oversight of the Canada Border Services Agency: Budget 2019 invested $24.42M over five years, starting in 2019–20, and $6.83M per year ongoing, to expand the mandate of the Civilian Review and Complaints Commission for the RCMP. Of this amount, the CBSA received $10.9M over 5 years and $2.8M ongoing.

23. Enhancing the Integrity of Canada’s Borders and Asylum System: To support implementation of the Border Enforcement Strategy, and to process 50,000 asylum claims per year, as well as to facilitate removal of failed asylum claimants in a timely manner, Budget 2019 invested $1.18M over five years, starting in 2019–20, and $55M per year ongoing. Of this amount, the CBSA received $382M over 5 years and $7.3M ongoing.

24. Strengthening Canada’s Anti-Money Laundering and Anti-Terrorist Financing (AML/ATF) Regime: Budget 2019 provided the CBSA with $27.8M over four years, beginning in 2020–21, and $10.1M per year ongoing, to create a multi-disciplinary Trade Fraud and Trade-Based Money Laundering Centre of Expertise.

25. Helping Travellers Visit Canada: To ensure immigration and border officials are well-equipped to facilitate the efficient entry of visitors, while protecting the health and security of Canadians, Budget 2019 invested $78.6M over two years, beginning in 2019–20. Of this amount, the CBSA received $30.4M over two years.

26. Protecting People From Unscrupulous Immigration Consultants: To help protect newcomers and applicants wishing to obtain the services of legitimate service providers, Budget 2019 provided $51.9M over five years, starting in 2019–20, and $10.1M per year ongoing. Funding was intended to improve oversight of immigration consultants, to strengthen compliance and enforcement measures, and to support public awareness activities that will help vulnerable newcomers and applicants. Of this amount, the CBSA received $9.6M over 5 years with $1.8M ongoing.

27. Modernizing Canada’s Border Operations: The CBSA received $765M over 5 years to support effective border management and enforcement and the modernization of border operations, and to facilitate the safe and timely flow of transactions at the border. Of this amount, $440M was in support of the Land Border Crossing Project.

28. Federal Contaminated Sites Action Plan: Budget 2019 provisioned $1.0M for the CBSA over 4 years, starting in 2020-21, as part of funding intended to renew the Federal Contaminated Sites Action Plan and to continue work to address remaining contaminated sites (three of which are the CBSA’s) for which the federal government has responsibility.

Off-Cycle

29. Immigration Levels: To manage an increase in target admissions for permanent residents (to 345,000-350,000 by 2021), in alignment with the core objectives of the 2018-2020 Immigration Levels Plan, the CBSA received $7.2M over 5 years with $1.8M ongoing.

Off-Cycle (Government’s Essential Measures Package - May 2020)

30. Program Integrity: The Government provided funding of [REDACTED] to stabilize core operations, as requested by the Minister of Public Safety.

31. Capacity of Canada’s Asylum System: The CBSA received [REDACTED] to re-baseline the asylum system to process 50,000 claims for two additional years and 3 years of enforcement.

32. 2020-2022 Immigration Levels Plan: The CBSA received [REDACTED] in support of admission targets of 341,000 in 2020, 351,000 in 2021, and 361,000 in 2022.

33. Cross Border Currency Reporting: The CBSA received [REDACTED] to develop and implement digital cross-border currency forms and enhanced paper-based forms.

Off-Cycle

34. Immigration Levels 2021-23: The CBSA received [REDACTED] to support the management and operation of ports of entry functions (including screening of applicants and enforcement of arrests, detentions and removal orders and process PR admission targets of: 401,000 in 2021, 411,000 in 2022 and 421,000 in 2023.

2021 to 2022 Main Estimates decreases

Proposed Response:

The CBSA provides integrated border services that support national security priorities and facilitate the flow of people and goods across the border.
To support these objectives, the CBSA is seeking $2,049.5M in funding through the 2021-2022 Main Estimates. This represents a $157.8M or 7.1% decrease from the 2020-21 Main Estimates.

Decreases are primarily attributed to:

A $93.0M reduction in temporary funding related to Modernizing Canada’s Border Operations.
- The reduction is due to a previous funding decision that was only approved for 2 years (2019-20 and 2020-21). The agency received approval for ongoing funding in an off-cycle funding request and will seek to access this funding through a future Estimates request to Parliament.
- Despite the overall funding reduction for this initiative, the CBSA is requesting $21.0M in 2021-2022 to support the integrity of the delivery of its mandate and strengthen the Agency’s management foundation, inclusive of efforts towards the modernization of border management.
A planned reduction of $57.1M related the CBSA’s Assessment and Revenue Management (CARM) Project as the project moves forward and becomes operational.
- The Agency is nonetheless requesting $39.8M for CARM in 2021-2022, and there will be ongoing funding of $31.2M for the Project as of 2022-2023.
A reduction of $19.6M related to the National Immigration Detention Framework (NIDF). As construction projects are completed, less funding is needed. This is in line with the original funding request.
- This reduction notwithstanding, the CBSA is requesting $17.6M in 2021-2022 to support the construction of the new Laval, QC, Immigration Holding Centre and the closing of the existing inadequate facility.
Additionally, funding has decreased as a result of planned adjustments to initiatives related to improving immigration client service, taking actions against guns and gang violence, and border infrastructure.
A reduction of $13.5M to the Initiative to Take Action Against Gun and Gang Violence is the result of a reprofile request approved in 2020-2021. Despite the overall funding decrease, the CBSA is requesting $16.0M for equipment, a training facility, and training products.

2021-2022 Main Estimates (ME) Decrease for the CBSA

Background:

The Mains over Mains variance for the 2021-2022 Main Estimates for the CBSA is $157,791,294, or a 7.1% decrease.

Initiative	2020-2021	2021-2022	ME Variance
Initiative	In millions $
Modernizing Canada’s Border Operations	114.0	21.0	(93.0)
CARM	96.9	39.8	(57.1)
National Immigration Detention Framework	37.2	17.6	(19.6)
Adjustments to the Employee Benefit Plan	206.6	190.6	(16.0)
Improving Immigration Client Service, and Helping Travellers Visit Canada	14.6	0	(14.6)
Initiative to Take Action Against Gung and Gang Violence	29.5	16.0	(13.5)
Border Infrastructure	8.0	0	(8.0)
Entry/Exit Information System Including Radio Frequency Identification Technology	15.2	10.3	(4.9)
Note: all funding sought by the Agency excludes EBP, PSPC and SSC costs.

In addition to the funding decreases detailed in the proposed response, the CBSA also decreased funding for the following initiatives:

Improving Immigration Client Service, and Helping Travellers Visit Canada (Temporary Residents):

The decrease of $14.6M relates to the sunsetting of the funding for Improving Immigration Client Service, and Helping Travellers Visit Canada. No future funds are expected to be passed in 2020-21.

Initiative to Take Action Against Guns and Gang Violence:

The decrease of $13.5M is the result of a reprofile request approved in 2020-2021.

Despite the overall funding decrease, in the 2021-2022 Main Estimates, the CBSA is requesting $16.0M for:

an investment in dual-view X-ray technology and automated threat detection software/network at all international postal processing facilities to allow the Agency to process mail;
the construction and maintenance of an all-weather facility detector dog-training facility;
work being undertaken by the five newly trained firearms detector dog teams at select Ports of Entry;
a national training product to train in the identification and interdiction of crime guns and weapons for the CBSA and public safety partners; and
the expansion of the use of hand-held and pallet sized X-ray technology and Contraband (tool) Outfitted Mobile Examination Trucks into the air mode at select major airports.

Border Infrastructure:

The decrease of $8.0M for the Border Infrastructure project is due to the realignment of the project’s timelines. As part of the Beyond the Border Action Plan, the Government of Canada is investing in Border Infrastructure upgrades at Lacolle, QC; Lansdowne, ON; Emerson, MB; and North Portal, SK.

These investments will enhance security and accelerate the legitimate flow of people, goods and services resulting in significant and lasting economic gains to Canada.

Entry/Exit Information System Including Radio Frequency Identification Technology (RFID):

The decrease of $4.9M is due to the project closing in June 2021. As the project is closing out early in the fiscal year, the funding required in 2021-22 closely resembles the ongoing funding requirements to maintain Entry/Exit and RFID components.

The completion of the Entry/Exit project addresses the commitment Canada made to the United States in the Beyond the Border Action Plan to establish and coordinate entry/exit information systems at the common land border, and for Canada to implement a system whereby airlines would be required to submit their passenger manifest information on all flights departing Canada.

Despite the overall funding decrease, in the 2021-2022 Main Estimates, the CBSA is requesting $10.3M to:

maintain technology requirements that increased the network connectivity at selected Ports of Entry; and
the capital replacement of the Licence Plate Readers, hand-held devices, and Radio Frequency Identification (RFID) technology.

Adjustments to the Employee Benefit Plan:

The decrease of $16.0M for the CBSA is due to adjustment to the employee benefit plans.

As of April 1, 2019, the employee benefit plans (EBP) for all new initiatives must be calculated at 27% of salary based on Treasury Board Secretariat (TBS) instructions. In finalizing the Annual Reference Level Update (ARLU)/Main Estimates, TBS generates a technical adjustment to bring the final EBP amount in line with the established rate for that year. The 2021-2022 ARLU EBP rate is 14.8%.

Key statistics

Section 1 – Overall Traveller Volumes

Weekly average for the last three months

Air mode : 51,385 travellers

Land mode: 61,512 travellers and 104,167 truckers

Overall year-over-year comparison of air traveller volumes

Dec. 21, 2019 - Mar. 19, 2020 : 8,903,153

Dec. 19, 2020 - Mar 17, 2021 : 642,776

Variance: -92.78%

Section 2 – Testing, Referrals and Compliance

Travel Volumes and Arrivals of Travellers without a Negative COVID-19 Test Result

Air mode : 4,039 travellers referred to PHAC out of 531,502 (January 7 –March 17)
Land mode : 1,797 travellers referred to PHAC out of 795,533 (February 15 –March 17)

Overall Quarantine Compliance Rate (April 1, 2020, to March 17, 2021)

PHAC reached 497,964 travellers by live call and rated 518,022 as having no indication of non-compliance (estimated compliance rate of 96%)
Law enforcement conducted follow ups with 68,725 travellers and found 98% to be compliant (99%)

Section 3 – Removals

As of March 18, 2021, the CBSA has removed 10,876 individuals for the 2020-2021 fiscal year, which has been impacted by a removal stoppage due to COVID-19.

The total number of enforced removals for FY 2019-2020 is 11,536 individuals.
The total number of enforced removals for FY 2018-2019 is 9,698 individuals.

Breakdown of 2020-21 stats – Total Removals: 10,876

Total Removals: 10,876

POE Removals: 605
Inland Removals: 10, 271
- R240(3) Removals (i.e., Administrative Removals): 8144
- Serious inadmissibility cases (ss34, 35, 36 & 37 of IRPA): 287
- Voluntary (i.e., requested to leave during pandemic): 1,307

Section 4 – Detention Statistics

Immigration Holding Centres (IHCs)

As of March 18, 2021, there were 156 individuals in immigration detention, down from 353 detainees on March 17, 2020 (when COVID measures were implemented).
- 37% were in Immigration Holding Centres,
- 62% in a provincial facility, and
- 1% in other facilities.
There are currently no confirmed COVID-19 cases at any IHC.
- Since March 2020, there have been five COVID-19 detainee cases within IHCs.
- There have been three cases at the Laval IHC, two at the GTA IHC and zero cases at the BC IHC. Of the five confirmed cases, three tested positive prior to transfer to an IHC.

Minors in Detention

As of March 18, 2021, no minors were housed or detained at any CBSA IHCs.
To date in 2020-2021, four minors were housed with their detained parent(s). This represents a decrease of 97% compared to the same period last fiscal (136 minors in 2019-20).

Section 5 – Commercial

Commercial traffic

Commercial truck volumes have been trending upward since mid-May 2020 to reach last year’s levels.
Volumes rose after the holidays and have stayed mostly above 100,000 trucks.
The average weekly volume was essentially the same as last year’s.

Releases

Highway releases have been noticeably above last year’s volumes in the past few weeks.
The weekly total (March 11–17, 2021) was 16% greater than it was for the same period last year.
Over the past 7 weeks (up to March 17, 2021), the average weekly volume was 11% greater than last year.
Commercial truck volumes on a weekly basis average around 104K.

Section 6 – Seizures at the Border

Firearm seizures

Seizures in 2021 (as of March 14, 2021): 51 seizures, 89 items
Total seizures in 2020: 276 seizures, 472 items
Average yearly seizure (2015 – 2020): 468 seizures, 683 items

Firearms Interdiction Team (FIT) in the Greater Toronto Area:

Toronto Commercial Operations District; Greater Toronto Area Region; Firearm Suppressors:
- On November 20, 2020, GTA Regional FIT seized 197 prohibited firearm suppressors & 14 replica firearms.
Toronto Commercial Operations; Greater Toronto Area Region; Firearms Seizure:
- On October 12, 2020, officers on the Regional FIT seized 446 airsoft toys as replica firearms.

Illicit Drugs

FY 2020-2021 (April 1, 2020 – March 17, 2021):

1,054 kilograms of cocaine (-17% compared to FY 2019-2020)
9 kilograms of Fentanyl (+217% compared to FY 2019-2020)
2,494 kilograms of cannabis (fresh) (+3,427% compared to FY 2019-2020)
749 kilograms of methamphetamine (+60% compared to FY 2019-2020)
1,158 kilograms of opium (+17% compared to FY 2019-2020)
52 kilograms of heroin (-56% compared to FY 2019-2020)
543,720 kilograms of contraband tobacco (+244% compared to FY 2019-2020)

Questions and answers

Financial Questions

1. Funding from previous fiscal years has been reprofiled to the current and future fiscal years. Does the CBSA intend to spend the money that has been reallocated this time around?

The funds being requested in these Main Estimates and the Supplementary Estimates (C) are what we intend to spend. Unforeseen delays or issues could, of course, result in a reprofile of funds to next fiscal year, but unfortunately, there is no way to predict that.

While circumstances have required us to move some funding out, to later years, rest assured that the funding originally approved for a given program/project will still be used to support the continuation and the completion of that project.

Human Resources

2. As a result of COVID-19 pressures, have resources been re-allocated internally towards other functions?

During the pandemic, we saw growth in our commercial and postal environments, and our management team was able to mobilize our frontline workforce to support these areas.

3. How can we be assured that frontline officers are getting the support they need to do their job during the pandemic?

The CBSA has put effective protocols in place to prevent the transmission of the virus both between officers and clients and between officers themselves, including, but not limited to, personal protective equipment.

The CBSA’s internal Employee Assistance Program (EAP) team of 16 professional clinicians are providing both individual and group services to employees, leaders and teams (workshops/training/discussions)

We continue to post wellness resources on our dedicated COVID-19 Wellness intranet page.

4. Border Services Officers (BSOs) are frontline workers. When will they get the vaccine?

In accordance with federal and provincial health authorities’ vaccination plans, BSOs are scheduled to receive the vaccine at the same time as other frontline essential workers across the country who can’t work virtually and have direct close physical contact with the public.

There are currently no further details available on the rollout of vaccinations for BSOs across the country.

5. What is the total number of COVID-19 cases for uniformed and non-uniformed CBSA employees?

As of March 16, 2021, 267 CBSA employees have tested positive for COVID-19, 240 have since recovered.

Region	HQ	ATL	QC	NOR	GTA	SOR	PRA	PAC	Total
Total cases	45	1	62	10	64	24	20	41	267
Recovered cases	42	1	56	10	53	23	17	38	240
Active cases	3	0	6	0	11	1	3	3	27

COVID Measures

6. BSO Training (OICs): What is the CBSA doing to ensure that BSOs consistently apply exemptions for essential workers?

The CBSA has expanded its support to frontline BSOs – beyond the existing operational guideline bulletins that are regularly provided – to ensure that information is accessible by:

Issuing bulletins promptly when Orders in Council (OICs) are finalized;
Providing access to live, 7/24 support, from headquarters; and,
Regularly reviewing cases to ensure consistent decision-making is applied across all ports of entry.

Additionally, the CBSA has supplemented support by conducting detailed technical briefings for BSOs and management prior to the implementation of new or amended OICs. The objective is to support the accurate implementation of new provisions and to ensure clarity for frontline staff.

As per standard practice, the CBSA monitors decisions made by BSOs. Specifically, for processes related to the application of OICs for essential workers, a feedback loop was put in place for specific regions or ports of entry that were experiencing unique situations. The CBSA will continue to use this feedback to inform adjustments or reviews of the OICs. The CBSA is also developing an additional training tool to assist front line officers in understanding the complexities of the OICs.

The CBSA and PHAC regularly consult on interpretations of the OICs and will continue to collaborate on future adjustments and improvements.

7. Essential Workers: How do BSOs determine that a traveller meets the requirement of essential work when crossing the border? Who qualifies as an essential worker and what is the extent of the discretion afforded to BSOs to determine this?

Before making a decision on whether or not to allow a traveller to enter Canada, a BSO will review and consider each traveller's unique circumstances, the purpose of the trip, the documents presented at the time of entry, and the requirements, exemptions and exceptions set out in the various OICs.

The onus is on the traveller to clearly demonstrate they meet an exemption as prescribed in the OICs.

Individuals in the trade and transportation sector, regular cross-border workers, and individuals returning to their habitual place of residence will be exempt from the requirement to quarantine.

It is important to note that BSOs do not have discretion to exempt travellers from quarantine requirements based on an assumed level of risk or based on their views as to the non-discretionary nature of their travel.

8. Auto Workers: How is it that auto workers who need to cross the border to work in a GM plant, are not considered essential workers? What are the timelines for resolving this? Will it be resolved shortly?

The CBSA is responsible for implementing the public health Orders in Council that apply at the border. The CBSA relies on the advice and health expertise of the Public Health Agency of Canada for the application of the travel restrictions.

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

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

If pressed on essential service providers:

Auto workers who need to cross the border regularly for work purposes have been able to do so since the measures were put in place. The auto industry is now looking for exemptions for broader range of employees, and we are looking into that possibility with PHAC.

While the existing CPHO exemptions already apply to auto industry employees, it is prescriptive in terms of the type of work, immediacy of that work, and regularity with which they need to cross in order to meet the exemption.

Testing Requirements

9. The Government has imposed requirements for travellers to present a valid test result at the border. Is the new process working?

I am pleased to report that approximately 99% of air and land travellers have arrived with suitable evidence of a valid COVID-19 molecular test result. The other 1% of travellers have been referred to Public Health Agency of Canada (PHAC) officials.

The Minister of Transport announced the pre-departure testing requirement for air travellers on December 31, 2020, in response to growing concerns about the continued spread of COVID-19 in Canada and abroad, as well as new variant strains.

As of February 15, 2021, all travellers arriving at land ports of entry are required to provide evidence of a valid COVID-19 molecular test. Foreign nationals who do not meet this requirement are prohibited from entering Canada. Canadian citizens, permanent residents and those persons registered under the Indian Act who arrive without evidence of a valid COVID-19 molecular test will be referred to the Public Health Agency of Canada for further assessment, and possible fine of $3,000.

The CBSA is working with its Government partners every step of the way, and continues to work in collaboration with key stakeholders. The Agency has ensured it has the appropriate resources in place to process all travellers.

10. What happens if an air traveller does not present a valid test result on boarding or on entry into Canada?

Travellers who are not able to demonstrate evidence of a valid COVID-19 molecular test result are not allowed to board their airplane unless they meet one of the narrow exemptions from the requirement.

For instance, travellers may still be eligible to board without a valid test result if they are departing from a country identified by the Government as not having sufficient testing capacity.

Travellers may present a negative COVID-19 molecular test taken no more than 72-hours prior to the scheduled departure time or a positive test taken 14 to 90 days prior to the scheduled departure time.

At all ports of entry (land and air more), BSOs verify whether travellers (i.e. Canadian citizens, permanent residents, and Indigenous Peoples) have appropriate documentary evidence of a valid test result. Unless they meet an exemption, those who do not are referred to PHAC for further assessment.

Foreign nationals who do not have evidence of a valid COVID-19 molecular test result are prohibited from entering Canada.

If pressed on whether anyone has “gotten through”, e.g., arrived without a negative test result, who does not fall within an exemption.

At the port of entry, BSOs verify whether travellers are in possession of documentary evidence of a negative COVID-19 molecular test result.

All air travellers who arrive in Canada without appropriate evidence of a negative test result are referred to public health officials for further assessment and screening.

Between January 7, 2021 and March 17, 2021, 5,836 out of 1,327,035 travellers have been referred to PHAC for not providing the required evidence of a valid molecular test result on arrival, or for issues with the evidence presented.

11. Does the CBSA validate test results at the border, and if so, how? What would prevent someone from presenting a falsified result?

At the port of entry, BSOs are trained to verify whether travellers have appropriate documentary evidence of a valid test result.

Test results are verified using the following four data points:

the traveller’s name and date of birth;
the name and civic address of the laboratory that administered the test;
the date the test was conducted and the testing method used; and
the test result.

If a BSO has concerns regarding the authenticity of a traveller’s test result, if the traveller is found to have presented a falsified test result, they are referred to PHAC officials for further assessment.

At the discretion of PHAC officials, local police of jurisdiction, or Transport Canada, travellers may be subject to enforcement action.

Since January 7, 2021, the CBSA intercepted nine suspected fraudulent test result documents in the air, and 20 suspected fraudulent test result documents in land.

12. Traveller Breakdown: I understand that there are a number of travellers crossing the land border every day. Who are these people? How do we know that they are not sick?

Currently, only Canadian citizens, permanent residents of Canada, protected people, and people who are registered under the Indian Act, and foreign nationals who meet the requirements set out in the applicable Orders in Council, are admitted into Canada.

On average since the start of the pandemic, approximately 23,500 travellers enter Canada by land, per day.

Approximately 85% of them (or 19,975) are exempt from the pre-arrival testing requirement as a result of the essential services they provide (e.g., movement of people / goods, cross-border workers, etc.).

On average, around two thirds of those travellers are truckers, meaning they are categorized as commercial traffic/travellers.

All travellers who arrive at the border are subject to strict control and security measures. All travellers admitted into Canada are asked about COVID-19 symptoms and are visually inspected by CBSA officers.

Should a BSO have concerns that a traveller may be symptomatic, or that they appear ill or unwell, the traveller is referred to PHAC.

13. Proof of Vaccination: What happens if a traveller shows proof of vaccination at the border, but not of a valid molecular test result? Would they still be turned away? If so, what is the Government’s reasoning?

Confirmation of vaccination has no bearing on the requirement for travellers to provide evidence of a valid COVID-19 molecular test result either pre-departure in air mode, or at the time of arrival at a land port of entry.

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

14. Quarantine Land vs Air: Why are quarantine hotels only an option for air travellers? Why not send all land travellers to hotels as well?

There are logistical differences associated with our different ports of entry and different modes of travel.

In air mode, for instance, the vast majority of travellers have been funnelled to four airports, compared to travel by land mode where travellers may seek entry through over 100 land ports of entry.

The use of government approved accommodations in land mode would be extremely complex and in some cases, unattainable given the vast geography of the land border. Further, in some areas, there is limited hotel infrastructure in the proximity of the border to allow for compliance.

The large majority (90%) of the travel at the land border is for essential reasons. In addition, travellers entering Canada at one of our land ports of entry typically do so by private conveyance.

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

15. Mandatory Quarantine: What are you doing to give more authority to BSOs to ensure travellers respect their mandatory quarantine obligations?

PHAC is responsible for the enforcement and compliance regime related to travellers’ legal obligations under the applicable Orders in Council.

BSOs provide instructions to each traveller with regard to their obligation to quarantine. They can also require that travellers show their quarantine plans, and can refer travellers to a quarantine officer for further assessment if the plan is not suitable.

BSOs do not have discretion when it comes to the application of quarantine requirements. Where a BSO has concerns a traveller who is obligated to quarantine may not do so, notification is provided to PHAC and to the RCMP.

16. Effectiveness of Tickets: You have collected quarantine information on millions of travellers, and yet issued only a handful of tickets. Do you have confidence that this process is actually working effectively?

All information collected is shared with PHAC, and PHAC officials determine when and how to share this information with provincial authorities and/or law enforcement.

Once a traveller is admitted into Canada, the responsibility to monitor and track them falls under PHAC’s and provincial health authorities’ mandates. The CBSA does not issue tickets for failure to comply with the quarantine and isolation requirements.

Where the CBSA becomes aware of instances of potential non-compliance, it shares the information with PHAC officials for further scrutiny and follow up.

17. Roles and Responsibilities: Describe the specific roles and responsibilities of the CBSA, PHAC, and TC with regard to travellers entering Canada.

CBSA is responsible for:

Collaborating with PHAC and other departments and agencies to assist in developing, evaluating, and implementing COVID-19-related border measures.
Implementing and administering border measures under the Quarantine Act, as recommended by PHAC, including enhanced traveller screening at ports of entry.
Administering travel restrictions in accordance with the applicable Orders in Council.
Collecting traveller contact and quarantine information on PHAC’s behalf.
Responding to questions from the general public on entry requirements via the Border Information Service.
Verifying travellers’ valid COVID-19 molecular test result in air and land mode.
Referring travellers to PHAC for further assessment, when required.

PHAC is responsible for:

Issuing public health advice and recommending the underlying principles for enhanced border measures to be operationalized by the CBSA based on the risk to public health.
Providing public health support to CBSA officers in carrying out their duties as designated screening officers and provide adequate PHAC resources, including Quarantine Officers or Clinical Screening Officers for CBSA screening officer referrals.
Reviewing quarantine plans, discuss possible isolation options and arrange for federal quarantine lodging if required.
Sharing traveller information with provinces/territories and law enforcement for public health follow-up or to verify their compliance with mandatory quarantine or isolation requirements.
Managing Designated Quarantine Facilities for travellers who do not have a suitable quarantine plan or evidence of a negative test within 72 hours of scheduled departure.
Leading on public communications related to compliance and enforcement, quarantine requirements, testing, and designated quarantine facilities.
Supporting Health Canada with international laboratory accreditation criteria.

TC is responsible for:

Leading on the development and operationalization of the TC Interim Order on pre-departure testing.
Engaging with air carriers, including developing and disseminating guidance concerning the implementation of the Interim Order requirements.
Engaging with airport authorities and industry stakeholders.
Working with PHAC/CBSA/Global Affairs Canada to examine countries where there is no sufficient testing available, or where there is a lack of testing capacity.
Authorizing exemptions for situations where the 72-hour period is not sufficient for a traveller to obtain a molecular test result. In such cases, TC may authorize an additional 24-hour window in which to obtain a test result.

18. Reactive Approach: Why has the Government’s approach to implementing border restrictions been so reactive?

Our approach has been developed on the basis of evidence-based, scientific advice, in consultation with public health experts and colleagues.

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

Canada's response is based on plans and guidance related to pandemic preparedness, and on principles such as:

Collaboration – all levels of government and stakeholders need to work in partnership to produce an effective and coordinated response.
Evidence and informed decision-making – decisions should be based on the best available evidence.
Proportionality – the response to a pandemic should be appropriate to the level of the threat.
Flexibility – actions taken should be tailored to the situation and evolve as new information becomes available.
A precautionary approach – timely and reasonable preventive action should be proportional to the threat and informed by evidence to the extent possible.
Use of established practices and systems – well-practised strategies and processes can be rapidly ramped up to manage a pandemic.
Ethical decision-making – ethical principles and societal values should be explicit and embedded in all decision-making.
A coordinated approach with the U.S. who share a border with Canada.

19. Sick Canadians at the Border: What actions does the CBSA take when sick Canadian citizens arrive at the border?

The CBSA works closely with PHAC to prevent the introduction and spread of communicable diseases into Canada through the administration of the Quarantine Act at all ports of entry.

BSOs are trained to identify visible signs of illness, and help identify travellers who may have signs or symptoms of COVID-19. If questions or concerns arise regarding a traveller’s health, BSOs refer them to PHAC for an assessment and further screening.

Travellers are required to quarantine or isolate, and PHAC makes the final determination on a suitable quarantine location/accommodation.

Other Priorities

20. Forced Labour: What is the CBSA doing to enforce the prohibition of goods made by forced labour and to prevent these illicit goods from entering our country?

As a result of the Canada-United States-Mexico Agreement (CUSMA), Canada is establishing a new regime to prohibit the importation of goods produced from forced labour, to be led by Employment and Social Development Canada (ESDC) and implemented in partnership with CBSA, Global Affairs Canada (GAC) and other departments.

This includes prohibiting the importation of goods that are mined, manufactured, or produced wholly or in part by forced labour, where there is sufficient evidence to do so.

Since the prohibition came into effect on July 1, the CBSA has been working closely with ESDC and others on its implementation – issuing a customs notice immediately and working closely with international allies to leverage intelligence and information, including on best practices.

The Agency also recently concluded a legal framework with ESDC to ensure access to actionable information on suspected importation of goods from forced labour, which is needed to interdict such products.

The CBSA is ready to respond at the border, if and as required.

21. Weapons Smuggling Interdiction: What measures does the CBSA employ to prevent smuggling of weapons across our border?

From April 1, 2020, to March 14, 2021, the CBSA seized 457 firearms at the border. For that same period in 2019, the number of firearms seized at the border was 735. This decrease is mainly attributed to overall decrease in travellers seeking entry into Canada.

CBSA officers are trained to identify indicators of firearms smuggling, and are aided by intelligence and detection technology to prevent cross-border firearms smuggling. Through close collaboration with domestic and international law enforcement partners on intelligence activities and criminal investigations, the Agency focuses on preventing smuggling as a top priority.

Notably, the CBSA has established the Firearms Interdiction Team (FIT) in the Greater Toronto Area, which is working closely with CBSA Intelligence to ensure the legitimacy of commercially imported firearms and ensure that these firearms are not diverted for illicit activity.

Since its inception in early 2020, FIT has intercepted over 1000 improperly declared replica firearms (which can easily be converted to real firearms), and has taken additional significant enforcement actions, including seizures of firearm parts and firearms.

On June 9, 2020, we announced the largest single firearm seizure, on record, with the interdiction of 65 prohibited guns at the Toronto Pearson International Airport.

In depth CBSA intelligence investigations in western Canada have also led to seizures of close to 100 firearms and over 10 000 rounds of ammunition, numerous firearms suppressors and overcapacity magazines, while leading to numerous charges laid under the Customs Act and the Criminal Code.

22. Funding and Seizures/Guns and Gangs: Why are so many guns being smuggled into Canada undetected?

The CBSA takes its job of protecting the border very seriously. We have received funding to tackle the illegal smuggling of weapons through our borders. In 2018, the Government provided the CBSA with $73.7 million over five years, with $7.5M ongoing funding, to enhance its capacity to take action against guns and gang violence. This has resulted in new equipment being purchased, for our inspection facilities, and the expansion of existing programs, such as the detector dogs teams.

23. Importation Illicit Drugs: Canada is in the midst of an opioid crisis. What is the CBSA doing to keep drugs out of our communities? Have you noticed any trends regarding the attempted importation of illicit drugs or precursor chemicals into Canada?

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

One of the trends that the CBSA has observed is a decrease in seizures of fentanyl from China since 2018, but an increase in seizures of fentanyl precursors. In 2020, overall fentanyl seizure numbers decreased by 42% (13 in 2020) however, quantities increased by 1,662% (1,651g / 4,459ml / 30 pills) relative to 2019.

To give you an example of how hard work done by our BSOs, on Christmas Day, 2020, officers referred a semi-truck hauling produce for further inspection. While examining the shipment, CBSA officers uncovered 228.14 kg of methamphetamine with an estimated street value of $28.5 million. This translates to approximately 2,280,000 individual doses of methamphetamine. This is the CBSA’s largest seizure of methamphetamine at a land border crossing on record across Canada.

24. Direct Backs: What assurances do you have that refugee claimants who are turned back at the border will be protected / not be deported?

These are unprecedented times, and the temporary measures imposed have been put in place in light of potential public health risks and to help reduce the risk of spreading COVID-19 into Canada.

Currently, most asylum seekers who enter Canada in between ports of entry are prohibited from entering to make an asylum claim, and are directed back to the U.S.

For claims made at a land port of entry, the Safe Third Country Agreement (STCA) is applied.

Once the border restrictions have ended, they may return to make an asylum claim in Canada.

Both Canada and the U.S. have agreed that each country will continue to apply their own domestic laws, and respect their non-refoulement obligations while border restrictions remain in place.

Throughout the pandemic, Canada has continued to accept asylum claims made by people who are already inside Canada. Since border restrictions were implemented in March 2020, 1,432 (72%) of the 1,999 asylum seekers who came to the Canadian border to make an asylum claim have been permitted to enter to pursue their claim. Canada has also continued to resettle refugees, including urgent protection cases, from overseas over the course of the pandemic.

From March 21, 2020 to March 18, 2021, 353 asylum seekers arriving from the U.S. did not meet one of the exceptions outlined in the Orders in Council and were directed back to the U.S. until the restrictions are lifted.

25. Resumption of Removals: I hear that we are removing people again. Why are we sending individuals back to countries where the situation is much worse?

Throughout the pandemic, the Agency has continued to enforce removals for: those with serious inadmissibilities; those wishing to voluntarily leave Canada; removals conducted by ports-of-entry; and administrative removals for those who had departed voluntarily, but had not confirmed their departure.

On November 30, 2020, the CBSA resumed enforcing removals of all inadmissible persons. This was done for a number of reasons, including:

the CBSA has a legal obligation to remove individuals, who have no legal right to stay in Canada, as soon as possible;
the timely removal of failed refugee claimants plays a critical role in supporting the integrity of Canada’s asylum system; and
an increase in available routings by commercial airlines along with the reopening of other countries’ borders; and the implementation of enhanced health and safety measure to mitigate the risk of virus contraction by CBSA escort officers and those facing removal.

Individuals continue to have access to various recourse mechanisms, such as appeals, judicial reviews, pre-removal risk assessments, and permanent resident applications on humanitarian & compassionate grounds. Additionally, individuals continue to be able to present requests to defer removal, based upon their specific circumstances. While removals have resumed, very few flights are available, limiting removals at this time.

As of March 18, 2021, the CBSA removed 10,876 individuals for the 2020-2021 fiscal year; however, 8,144 were administrative removals (file closures following confirmation individual had already left Canada).

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Date modified:: 2021-07-22