Issue notes: Standing Committee on Public Safety and National Security—Study on convoy blockades (February 25, 2022)
Impacts of the Emergencies Act on CBSA operations
Prior to the invocation of the Emergency Act and coming-into-force of Emergency Measures Regulations
There were sustained disruptions and threats to trade, Canadians' ability to travel and the health and safety of CBSA employees. In addition to more wide spread outages and disruptions of shorter duration, four key ports of entry (POE) experienced multi-day closures: Ambassador Bridge, Coutts, Emerson and Pacific Highway. These four POEs together represent approximately close to half of the total volume and value of Canada's commercial imports by land POEs.
| Port of entry | Truck volume | % | Value for duty ($ / in dollars) | % |
|---|---|---|---|---|
| Ambassador | 347,667 | 28 | 88,943,726,164.00 | 36 |
| Pacific Highway | 100,306 | 8 | 15,379,472,408.00 | 6 |
| Emerson | 58,600 | 5 | 13,825,694,668.00 | 6 |
| Coutts | 36,685 | 3 | 7,641,936,645.00 | 3 |
| Total at 4 ports of entry | 543,258 | 44 | 125,790,829,885.00 | 51 |
Further, the CBSA did not have the legal authority to deny entry of foreign nationals coming to Canada based on the intent to participate in or facilitate public assemblies which could reasonably lead to a breach of the peace. Imported goods collected to support prohibited assemblies could not be detained at the border as their importation was not prohibited under the Criminal Code.
Results since invocation of the Emergency Act and coming-into-force of the Emergency Measures Regulations
Removing of blockades and securing infrastructure
The Emergency Measures Regulations (EMR) expanded the authorities of police of jurisdiction and other authorized persons to secure and protect critical infrastructures such as POEs including onto roads leading into border crossings to prevent, disrupt and remove blockades.
A significant number of police actions targeted convoys seeking to blockade a POE. The existence of the EMR for use by police may have served as a deterrent for those planning to participate in the prohibited assemblies.
Preventing entry
The CBSA required a specific and transparent authority to prohibit foreign nationals from entering Canada based solely on an intention to participate in or facilitate prohibited assemblies.
The CBSA has directed back [Redacted] foreign nationals under this authority, as well as [Redacted] other foreign nationals seeking to participate in the prohibited assemblies but who did not meet pandemic cross-border health measures. In addition, the public announcement of the EMR may have had a deterrent effect on some foreign nationals that would have otherwise travelled to participate in prohibited assemblies.
While no goods were detained since the invocation of the Emergency Act, the Regulations provided CBSA officers with the authority to detain goods that were collected in support of the prohibited assemblies and imported contrary to the Criminal Code.
Removal of the Emergency Measures Regulations authorities
On , the declaration of a public order emergency was revoked and all authorities granted under the Emergency Measures Regulations ceased to have effect. Furthermore, the Operational Bulletin to BSOs clarifying authorities under the Emergency Measures Regulations was rescinded on the same day.
Removing of blockades and securing infrastructure
In the absence of the EMR, the CBSA is not able to prohibit the entry of foreign nationals solely because they are entering Canada to participate in or facilitate a public assembly which can reasonably lead to a breach of the peace, including serious disruptions of border activities. Additionally, local authorities lose authorities to disrupt and disperse prohibited public assemblies causing serious disruptions of POEs.
The CBSA and local authorities lose the ability to obligate persons to provide materials and services needed to prevent and remove blockades created by the prohibited assemblies.
In the case of the Ambassador bridge in Windsor and other locations, physical barriers were deployed. In the case of Coutts, in particular, securing heavy machinery contributed to the port being temporarily closed.
Without the EMR, the polices' expanded powers to secure and protect critical infrastructure against the effects of activity prohibited by the Regulations, such as what occurred at the Ambassador Bridge by adding physical barriers beyond the defined area of the POE, are lost.
Preventing entry
Further, without the EMR, or follow-on legislation to continue some elements of it, the CBSA is no longer be able to direct back foreign nationals arriving from the U.S. looking to enter Canada to join the assemblies prohibited under that Regulation.
For example, a convoy of vehicles carrying foreign nationals arriving from the U.S. who are not otherwise inadmissible or prohibited from entering (in other words, meet all other IRPA requirements and border measures such as requirement to be vaccinated) could be authorized to enter Canada and subsequently participate in or facilitate in-Canada activities, while also being able to import supplies to support those disruptive activities.
Imported goods collected to support prohibited assemblies can no longer be detained at the border as their importation would not be prohibited under the Criminal Code.
Border management
Proposed response
The CBSA is mandated to facilitate the flow of people and goods, and also has a responsibility to protect its employees and facilities.
The CBSA works with police of jurisdiction to mitigate risks and threats to buildings, offices, travellers and its employees.
In the period from to present, there were sustained disruptions and threats to commercial trade, Canadians' ability to travel and the health and safety of CBSA employees.
In addition to more wide spread outages and disruptions of shorter duration, four key border crossings experienced multi-day closures: Ambassador Bridge, Coutts, Emerson and Pacific Highway. These four crossings together represent close to half of the total volume and value of Canada's commercial imports by land ports of entry.
The declaration of a public order emergency under the Emergencies Act provided authority to CBSA officers to refuse entry to foreign nationals arriving in Canada who intended to facilitate or participate in a prohibited protest.
Because CBSA officers are not mandated to engage in law enforcement activities beyond the border, the Emergency Measures Regulations provided police of jurisdiction with tools to prevent and react to blockades of, but not at, border crossings.
If pressed on status of blockades
As of , all blockades at the Canada-U.S. border have been cleared and normal operations have resumed.
The CBSA continues to monitor significant threats to border crossings and to coordinate with police of jurisdiction to mitigate and react to attempted blockades.
Background
On , the federal government declared a public order emergency. The Emergency Measures Regulations came into force on . On , the declaration of a public order emergency was revoked and all authorities granted under the Emergency Measures Regulations ceased to have effect. Furthermore, the Operational Bulletin to Border Services Officers (BSOs) clarifying authorities under the Emergency Measures Regulations was rescinded on the same day.
The Emergency Measures Regulations gave BSOs extra legislative authority to keep inadmissible people from entering Canada. A foreign national could not enter Canada with the intent to participate in or facilitate a prohibited assembly. Those who tried could have been denied entry at a port of entry. All temporary residents allowed entry into Canada must comply with the Emergencies Act. This included not travelling to, or participating in, a prohibited assembly. Failure to comply may have resulted in enforcement under the Immigration and Refugee Protection Act, including removal from Canada, and a temporary or permanent ban on returning to Canada.
There were some limited exemptions to prohibiting entry. These were for specific classes of foreign nationals, including people registered under the Indian Act, and people protected under the Immigration and Refugee Protection Act. Prior to the invocation of the Emergencies Act, BSOs already had the authority to deny entry to anyone who did not meet the requirements to enter and/or stay in Canada under the Immigration and Refugee Protection Act.
Ports of entry are secure, controlled areas that must not be accessed by anyone who is not in the process of crossing the border. It is an offence to hinder the ability of a BSO while they carry out their work. Anyone who creates a risk of imminent death or serious bodily harm to another person while wilfully or recklessly contravening the Emergencies Act or its regulations could be fined up to $1,000,000, imprisoned up to 3 years, or both.
The Agency monitors changes in demand at identified alternate ports of entry (POEs) and allocates resources, adjusts staffing levels and hours of service when needed at these POEs to minimize processing times and potential delays. This also allows for the safety and security of the public and employees while supporting the continuous flow of legitimate goods and people.
Border impacts due to protest activity
Proposed response
On , the CBSA began to experience significant impacts at some critical ports of entry as a result of protest activities and blockades resulting from the Freedom Convoy 2022 movement and its supporters.
Due to these activities, the CBSA issued Border Alerts to advise clients and stakeholders of service disruptions at four ports of entry: Pacific Highway in British Colombia, Coutts, Alberta, Emerson, Manitoba, and Ambassador Bridge in Windsor, Ontario.
These service disruptions caused major impacts to our country's ability to maintain critical supply chains, but I can report to you today that operations have resumed at all four ports of entry (POEs), the last one being Emerson, Manitoba, which began to see cross-border traffic on .
The CBSA continuously monitors its operations and is ready to respond, with police of local jurisdiction if necessary, to any events impeding operations at ports of entry.
CBSA POEs are secure controlled areas that act as a shield for preserving border integrity. Port of entry access must be blocked from anyone who is not seeking to cross the border.
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It is an offence under the Customs Act to hinder a border services officer's ability to conduct their work.
Entering Canada to participate in peaceful protests
In response to the disruptions and their impacts, new Emergency Measures Regulations came into effect on under authority of the Emergencies Act. The Regulations were repealed on . Furthermore, the Operational Bulletin to BSOs clarifying authorities under the Emergency Measures Regulations was rescinded on the same day.
The temporary regulations authorized CBSA officers to refuse entry to any foreign national entering Canada for the purpose of participating in or facilitating a prohibited public assembly.
In addition, any foreign national who was found to participate in such activities in Canada, and who was referred to the CBSA by local police, would have been subject to removal from Canada.
CBSA officers were properly equipped with a number of existing and new authorities, including the Immigration and Refugee Protection Act, Customs Act, the Emergency Measures Regulations and the Quarantine Act Orders in Council to deny access to Canada to all foreign nationals who wish to disrupt our supply chains and economic recovery.
Background
On , provisions of the COVID-19 Orders in Council (OIC) came into force which require mandatory vaccination for commercial truck drivers crossing the border. In response to these OICs, a protest movement began to emerge in Ottawa, which then spread to other key locations and port of entry (POEs) across Canada. These activities have had significant impacts to Canada's supply chains.
Protests at or near CBSA POEs caused significant operational impacts, particularly at the Coutts, Alberta, Emerson Manitoba, and the Ambassador Bridge POEs. As a result of these protest activities, the following POEs were temporarily closed:
Coutts, Alberta: Though blockades impeded traffic since , the POE was temporarily closed from to , with traffic and commercial vehicles were re-routed to alternate POEs.
Ambassador Bridge, Ontario: significant activities around the bridge caused the bridge to be closed to all traffic and POE services were temporarily suspended from to . During this time, traffic and commercial vehicles were re-routed to Blue Water Bridge in Sarnia, Peace Bridge, Fort Erie and Queenston Bridge in Niagara Falls, Ontario. At the POEs where traffic was re-routed, it caused significant border wait times. On , the protest blockade was dispersed and the POE was opened to traffic and commercial vehicles.
Pacific Highway, British Columbia: the POE was closed and traffic and commercial vehicles were re-routed to alternate POEs on . On , the protest blockade was dispersed and the POE was opened to traffic and commercial vehicles.
Emerson, Manitoba: traffic and commercial vehicles were re-routed to alternate POEs and the border was closed on . The protest blockade was dispersed on the afternoon of and the POE was re-opened to traffic and commercial vehicles.
On , the federal government declared a public order emergency. The Emergency Measures Regulations came into force on . On , the declaration of a public order emergency was revoked and all authorities granted under the Emergency Measures Regulations ceased to have effect. Furthermore, the Operational Bulletin to BSOs clarifying authorities under the Emergency Measures Regulations was rescinded on the same day.
Under the previous EMR and their application, when examining foreign nationals seeking entry to Canada or dealing with those foreign nationals already in Canada, the CBSA was authorized to prohibit entry to those entering Canada to participate in or facilitate a prohibited public assembly. At the POE, those foreign nationals would have been refused entry and directed back to the United States. In Canada, foreign nationals who were identified and referred to the CBSA by police for contravening the Emergencies Act would have been subject to inadmissibility reports and removal from Canada.
Under the previous EMR, border services officers (BSO) at primary encountering foreign nationals entering Canada for the purposes of participating in public assemblies were instructed to refer such persons to secondary for confirmation of their eligibility to enter Canada. Guidance was provided to BSOs on the prohibition on travel by foreign nationals contained in the regulations.
BSOs were also instructed to exercise enhanced vigilance and closely examine travellers to ensure the requirements issued by the Public Health Agency of Canada under the Quarantine Act were met and individuals were seeking to enter Canada for a lawful purpose.
The CBSA, in concert with law enforcement partners and in close consultation with United States Customs and Border Protection at the local and regional levels, continues to adjust operations as the threat environment changes. The CBSA has embedded management representatives within the law enforcement incident command structure where activities were/are underway or are planned. The CBSA has shared all available intelligence with its partners and has taken steps to enhance vigilance at POEs through increased examinations and increasing physical security of offices.
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In addition to authorities under the Immigration and Refugee Protection Act, the Customs Act, the Criminal Code and the previous EMR when it was still in effect, CBSA officers have regulatory authorities to administer the current Orders in Council (OICs) made pursuant to section 58 of the Quarantine Act. The OICs prohibit all non-exempted foreign nationals from entry to Canada if they do not meet the definition of fully vaccinated persons, which includes requirements to undergo suitable pre-arrival COVID-19 testing, and, in many cases, on-arrival or in-Canada testing. Foreign nationals entering from the United States who are so prohibited from entry pursuant to the OICs are immediately directed back to the United States.
Current COVID-19 border measures
Proposed response
Recent data indicates that the latest wave of COVID-19, driven by the Omicron variant, has passed its peak in Canada. With this, the Government of Canada has re-evaluated its approach to health measures at the border.
To that end, on , a series of changes will be made to help Canada transition towards a more sustainable framework for long-term management of COVID-19 at our borders.
These include allowing the use of rapid antigen tests to satisfy pre-arrival testing requirements for those who require a negative test for entry.
As well, travellers who are fully vaccinated will no longer be subject to on-arrival testing unless randomly selected. Further, those who are randomly selected will no longer need to quarantine while awaiting results.
Like every other element of the Government of Canada's COVID-19 response, border measures are informed by available data, operational considerations, scientific evidence and monitoring of the epidemiological situation both in Canada and internationally.
The adjustments to Canada's border measures are made possible by a number of factors, including Canada's high vaccination rate, the increasing availability and use of rapid tests to detect infection, and growing domestic availability of treatments for COVID-19.
Background
The Government of Canada's phased approach to easing border measures was developed to meet specific public health criteria and is based on scientific evidence and the public health situation in Canada and around the world.
Changes on
Starting on , a series of changes to Canada's border measures come into effect. These changes will help Canada transition towards a more sustainable framework for long-term management of COVID-19. These changes include:
- Allow Rapid Antigen Testing as an accepted form of pre-arrival COVID-19 testing
Travellers required to present a negative COVID-19 test result will now have the option of using an antigen test result (taken the day prior to their scheduled flight or arrival at the land border or marine port of entry) or a molecular test result (taken no more than 72 hours before their scheduled flight or arrival at the land border or marine port of entry).
Unless otherwise exempt, all travellers 5 years of age or older must provide proof of an accepted type of pre-entry COVID-19 test result:
- a valid negative antigen test result taken the day prior to their scheduled flight or arrival at the land border or marine port of entry
- a valid negative molecular test result taken no more than 72 hours before their scheduled flight or arrival at the land border or marine port of entry; or
- a previous positive molecular test result taken at least 10 calendar days and no more than 180 calendar days before entering Canada
To be valid, the COVID-19 antigen tests must be authorized by the country in which it was purchased and must be administered by a laboratory, healthcare entity or telehealth service.
Whether using molecular or antigen tests, travellers must continue to attest in ArriveCAN that they have proof of a valid test result in their possession and must present a copy to air carriers and to border services officers upon request.
A negative COVID-19 test (molecular or antigen) or positive COVID-19 molecular test must be verified by airlines to board a plane to Canada. Travellers who fail to provide proof will be denied boarding, regardless of their nationality.
Foreign nationals who arrive at the border without the valid information may be denied entry. Travellers with right of entry would be allowed to enter Canada but may face a fine.
- Mandatory randomized testing for fully vaccinated arrivals from all countries
Fully vaccinated travellers arriving to Canada from any country will not need to take a COVID-19 molecular test on arrival, unless selected for mandatory randomized testing.
If selected for mandatory randomized testing, travellers will not be required to quarantine while awaiting their test result.
- Modified quarantine for children under 12 who aren't fully vaccinated and are travelling with vaccinated adults
Children under 12 years old who are not fully vaccinated, travelling with fully vaccinated parents and other eligible adults, or have a medical contraindication to vaccination, will continue to be exempt from quarantine, without any prescribed conditions limiting their activities.
Children will no longer be subject to additional conditions. This means, for example, they no longer need to wait 14 days before attending school, camp or daycare. They will also no longer be subject to testing and other specific requirements, regardless of their vaccination status.
These children may be selected for mandatory random testing upon arrival; however, they will not be required to quarantine while awaiting the Day 1 test result.
Parents should also check with local public health authority, school or daycare on additional post-travel requirements. Many jurisdictions across Canada have recently reduced their isolation and quarantine periods. If there is a discrepancy between federal requirements and those outlined by your province, territory or community, you are required to follow to the more stringent requirement.
Limited exceptions
As of , unvaccinated or partially vaccinated foreign nationals are only allowed to enter Canada if they meet the criteria for limited exceptions. These exemptions are likely to be reviewed in the coming months in ongoing efforts to reduce exemptions for unvaccinated populations. At this time, the exemptions include but are not limited to:
- new permanent residents and resettling refugees
- those entering on compassionate grounds
- some children under the age of 18
- agricultural and food processing workers
- marine crew members
Some cohorts of travellers in these groups are also exempt from testing or quarantine requirements if they meet the criteria for limited exceptions.
The final decision regarding entry and quarantine is made by a government representative at the port of entry, based on the information presented to them at the time.
National Interest Exemptions
The Minister of Public Safety has signed National Interest Exemptions from the prohibition on entry for the following cohorts of travellers who would otherwise fall under the new measures. [Redacted] the following are set to expire on :
- [Redacted]
- Unvaccinated crew members who reside in Canada and are Foreign Nationals other than United States citizens and permanents residents, who are not left unable to enter both Canada and the United States (US) once both vaccine mandates are in effect (not likely to be recommended for renewal)
- [Redacted]
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- Date modified: