Hot issue notes: Standing Committee on Public Safety and National Security—Supplementary Estimates (C), 2021 to 2022 and Main Estimates, 2022 to 2023 (May 19, 2022)

Key messages placemat

How does CBSA determine threats coming from Russia?

CBSA uses intelligence and data to determine risk and inform admissibility decisions for people and goods. The CBSA works closely with domestic partners such as the RCMP, CSIS, FINTRAC and GAC to maintain the integrity of Canada's immigration system and supply chain.

CBSA also collaborates with international partners (particularly U.S., UK, Australia, and New Zealand) to identify and act on border-related threats.

Cyber threats: CBSA primarily collaborates with the Communications Security Establishment, Shared Services Canada and B5 partners to defend its IT operations.

Is CBSA supporting humanitarian efforts in Ukraine?

From January 1 to April 24, 2022, CBSA facilitated the arrival or the return of 22,253 Ukrainian nationals (including Canadian permanent residents) in Canada.

CBSA supports the "Canada-Ukraine Authorization for Emergency Travel" as a temporary accelerated residence pathway for Ukrainians seeking a safe haven in Canada during the war.

Are we doing enough to help Afghan refugees?

CBSA is proud to support the government's humanitarian efforts (Since August 2021, 13,050 Afghans have been welcomed in Canada with more arriving every week).

As the Agency responsible for securing the border, the CBSA continues to take the necessary steps to ensure that all persons undergo thorough screening, as we do with all travellers to Canada.

In support of the operation to resettle Afghans in Canada, the CBSA has also mobilized liaison officers overseas to support where needed.

Should we close Roxham road?

Asylum claims are governed in part by international treaties to which Canada is a signatory. Those with a legitimate need for protection have a right to make a claim.

CBSA works with IRCC, PHAC, and the provinces to make sure refugee claimants are safe and have access to food, water and shelter while they wait for processing and other steps in the refugee claims process.

CBSA has contingency plans in place to deal with increases in refugee claimants such as mobilizing resources between the districts and regions, and using methods that accommodate higher numbers of people.

What are you doing to stop firearms at the border?

Stopping illegal firearms and weapons from entering Canada is an enforcement priority for CBSA (we have seized 1,100+ firearms in 2021, more than double 2020).

The Cross-Border Task Force helps Canadian and U.S. law enforcement partners benefit from intelligence and partnership, so that they can detect and intercept illegal firearms movements at the border.

The CBSA works closely with Canadian and U.S. partners, including the Bureau of Alcohol, Tobacco, Firearms and Explosives, Homeland Security Investigations, Customs and Border Protection, the RCMP and other Canadian agencies to ensure the protection of Canadians.

What are you doing to keep contraband out?

To detect drug smuggling CBSA officers use proven indicators, advance information, intelligence, technology and information-sharing to carry out their mandate.

The Government of Canada has increased the CBSA's capacity to intercept these substances by:

• equipping ports of entry with equipment to examine toxic goods
• launching regional drug screening facilities staffed by field chemists in high-risk locations
• deploying more detector dog teams

How is CBSA supporting the Mass Casualty Commission?

The CBSA has provided thousands of documents related to the Commission (CBSA firearms policies, procedures, partnerships, projects, operations, and info on our role in the tragedy's aftermath).

CBSA and RCMP agreed to a joint investigation, with the CBSA leading the firearms-smuggling angle and the RCMP focusing on the shooting. While we now know how the firearms were likely smuggled into Canada, we can't reveal any specific information in order to protect the investigation and its methods.

What is happening with the external oversight body?

As outlined in the Minister's mandate letter, the government plans to reintroduce legislation to create a review body for the CBSA, in line with similar orgs.

CBSA is prepared to engage with it as soon as it receives Parliamentary approval.

Until then, the CBSA will continue to deal with employee wrongdoing using the existing mechanism.

Why is CBSA not reopening the Canadian NEXUS enrolment centres?

NEXUS and FAST programs are jointly administered by Canada and the U.S.

We are in discussions with the U.S. about the timing of the reopening of Canadian enrolment centres (current interview backlog: 270,000 NEXUS and 10,000 FAST).

Canadians can book their enrolment interviews at any NEXUS enrollment centre in the U.S.

Can you explain why you are not intercepting more goods produced by forced labour?

It is important to recognize that Canada is still in the early stages of implementing the forced labour prohibition (Customs Tariff 9897.00.00 in place since July 2020 whereas in the U.S., tariff prohibition has been in place since the 1930s).

When there have been allegations related to forced-labour goods, Employment and Social Development Canada looks into it. CBSA uses that research and other information to identify and stop shipments.

CBSA officers are required to make tariff classification determinations on specific shipments, on case by case basis, based on the available info at time of entry.

We continue to work with partners to examine legislative options to eradicate forced labour from supply chains and ensure businesses are not contributing to human rights abuses.

What are you doing to ensure examination of digital devices at the border respects the Charter rights?

The Government has introduced Bill S-7 to amend legislation around the examination of personal digital devices at the border.

The bill will create clear standards that must be met before searching a traveller's device.

The proposed changes will:

• Establish a new threshold for the initiation of a personal digital device examination that requires "reasonable general concern"
• Create an authority to examine documents on personal digital devices in the Customs Act and the Preclearance Act, 2016. This is required to differentiate these devices from other goods, including commercially imported/exported digital devices
• Formally limit examinations to regulatory border-related examinations

How will CBSA deal with border volumes and delays over the summer?

CBSA invests significant effort annually to plan and prepare for peak periods. The Agency works with bridge and tunnel operators, airport authorities and travel industry groups to plan and review service requirements and required resources.

Travellers can help reduce wait times by coming prepared and by completing their mandatory ArriveCAN submission within 72 hours before arriving at the border.

Its important to plan ahead and check border wait times. Travellers crossing the border by land are encouraged to plan to cross during non-peak hours such as early morning.

CBSA has also established modern processes to improve the traveller experience and manage volumes, like the International-to-Domestic and the International-to-International programs that significantly decrease connection times, as well as the Primary Inspection Kiosks, and the advanced CBSA declaration option.

Why is POE XX not reopened yet?

CBSA is taking a carefully phased and measured approach to restoring border operations that ensures the safety of Canadians and allows for the economy to rebound as quickly as possible.

As part of this approach, some border measures, such as reductions in hours of service and temporary suspensions, are currently maintained.

In an effort to support a full and permanent resumption of service, we consider, among other criteria: pre-COVID volumes; the proximity to alternate reporting sites; and the availability of CBSA resources due to the distance to provide services.

Announcements will be made promptly when these constraints can be lifted or amended.

Should we drop ArriveCAN?

Everyone seeking entry to Canada must submit their information through ArriveCAN up to 72 hours before entering the country (as of May 9, 2022, 99.71% of travellers in air mode used ArriveCAN and 94.10% used it in land mode).

ArriveCAN collects contact, health and travel information to protect the health and safety of travellers and expedite processing at the border.

It is the fastest, easiest and most secure way for travellers to show they meet all public health requirements.

Current COVID-19 border measures

Proposed response

The Government continues to refine its border measures to help Canada transition towards a more sustainable framework for long-term management of COVID-19 at our borders.

On April 1, 2022, Canada removed the pre-entry test requirement for fully vaccinated travellers.

Effective April 25, 2022, Canada has removed the pre-entry test requirement for children 5 to 11 who are travelling with a fully vaccinated parent, step-parent, guardian or tutor.

In addition, fully vaccinated persons, their children under 12, and persons with a medical contraindication are not required to provide a quarantine plan.

These new changes are in addition to the changes that took effect on March 1, 2022 that include allowing the use of rapid antigen tests, under certain parameters, to satisfy pre-arrival testing requirements for those who require a negative test for entry.

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 April 25, 2022

Effective April 25, 2022, children between 5 and 11, who are not fully vaccinated, who are travelling with their fully vaccinated parent, step-parent, guardian or tutor are exempt from pre-arrival testing.

In addition, fully vaccinated persons are no longer required to mask in public spaces for 14 days post arrival, including at the port of entry on arrival, nor are they required to maintain a list of close contacts post arrival.

Note: the Transport Canada Interim Order was updated to require the wearing of masks in airports throughout the travel journey. This includes the CBSA arrival process.

Unless otherwise exempt, all travellers 5 years of age or over who do not qualify as fully vaccinated must continue to provide proof of an accepted type of pre-entry COVID-19 test result:

• a valid negative antigen test, administered or observed by an accredited lab or testing provider, taken outside of Canada no more than one day before their initially scheduled flight departure time or their arrival at the land border or marine port of entry
• a valid negative molecular test taken no more than 72 hours before their initially scheduled flight departure time or their arrival at the land border or marine port of entry
• a previous positive molecular test taken at least 10 calendar days and no more than 180 calendar days before their initially scheduled flight departure time or their arrival at the land border or marine port of entry

Fully vaccinated travellers, their children under 12 and persons with a medical contraindication to vaccination are no longer required to provide a quarantine plan.

Travellers are no longer required to complete daily symptom reporting in ArriveCAN, however, should they experience symptoms or test positive, they are required to isolate and report to their local health authority.

Changes on April 1, 2022

On March 17, 2022 the Government of Canada announced that pre-arrival tests would no longer be required for fully vaccinated travellers.

National Interest Exemptions

The Minister of Public Safety has extended National Interest Exemptions (NIE) from the prohibition on entry for the following cohorts of travellers who would otherwise fall under the new measures, until May 31.

• Fully-vaccinated foreign national crew members (including truck drivers) who failed to provide mandatory information through ArriveCAN
• U.S. Customs and Border Protection (CBP) Officers who are unvaccinated or failed to submit mandatory information through ArriveCAN and are transiting through Canada to their place of work or a work location (this cohort will also require an NIE quarantine and on arrival testing)
• Unvaccinated persons who enter Canada, for the purpose of transiting to and from Alaska for non-discretionary purposes

Changes on March 1, 2022

Starting on March 1, 2022, a series of changes to Canada's border measures came into effect.

Asylum, irregular migration, and the Safe Third Country Agreement

Proposed response

Asylum claimants

Funding to support asylum costs for the Agency through past Budgets would be included in the Main Estimates.

In addition, Budget 2022 provided key Departments and Agencies with a combined investment of $1.3 billion over the next five years and $331.2 million ongoing to support the long-term stability of the asylum system.

This funding helps to continue Canada's proud humanitarian traditions of providing protection to those most in need of our assistance.

Safe Third Country Agreement

Since 2004, the Safe Third Country Agreement (STCA) between Canada and the U.S. has helped both governments better manage access to the refugee system for foreign nationals crossing the Canada-U.S. land border at designated ports of entry (POE).

Under the STCA, people 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 Government of Canada is 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.

From March 2020 to November 2021, the Government of Canada enacted Orders in Council as part of Canada's response to COVID-19. This included a prohibition on entering Canada between ports of entry (POE) for the purposes of making a refugee claim. The STCA continued to apply at POEs.

Since these restrictions were eased, there has been a steady increase of refugee claimants entering Canada.

The CBSA checks refugee claimants for signs of COVID-19 and any other medical conditions, and verifies their vaccination status, regardless of how they enter Canada. All refugee claimants must comply with applicable public health measures upon entry into Canada.

Statistics from November 21, 2021 to April 26, 2022

20,319 individuals came to Canada to make a claim for refugee protection. Of those, 12,829 arrived between designated POEs and 7,490 arrived at designated POEs.

Of the 7,490 individuals who arrived at a designated POE to make a claim for refugee protection, 1,637 met an exception under the STCA.

As of April 26, 2022, there were approximately 14,847 refugee claims pending an eligibility decision.

Background

Border security and integrity is a shared mandate between the CBSA and the RCMP. The CBSA is responsible for enforcement at designated Canadian POEs, while the RCMP is responsible for enforcement between POEs. The RCMP then escorts people crossing between the POE to the nearest CBSA POE. The closest POE to Roxham Road near Montreal is Saint-Bernard-de-Lacolle.

The STCA was signed in 2002 by Canada and the U.S. and has been in effect since December 2004. Under the STCA, people seeking refugee protection must make a claim in the first country they arrive in (U.S. or Canada), unless they qualify for an exception. People who are not eligible to make a claim for refugee protection at the land POE under the STCA are immediately returned to the U.S.

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.

The STCA's objectives

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 protecting people who fit the official definition of "refugees".

The mandates behind the STCA

The CBSA and Immigration, Refugees and Citizenship Canada (IRCC) share a mandate of preserving the integrity of the immigration system. Together, the CBSA and IRCC administer the Immigration and Refugee Protection Act (IRPA), which governs the admissibility of people into Canada, and the identification, arrest, detention and removal of people who are inadmissible, and provides the legal foundation for Canada's refugee and asylum system. Continued investments in the asylum system have been provided through recent Budgets.

The STCA under the Quarantine Act

Without going against Canada's international obligations with respect to non-refoulement, (in other words, forcing asylum seekers to return to a country in which they would be at risk of persecution), the Order in Council (OIC) issued under the Quarantine Act titled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States) supported the continued application of the STCA at designated land POEs in accordance with the IRPA. This means that those who met one of the narrow exceptions or exemptions in the OIC were permitted to enter and apply for refugee protection.

While the OIC contained a prohibition against entry for the purpose of making a refugee claim at any other location (including airports, marine ports, and between official POEs), the prohibition was not included in the OIC that came into effect on November 21, 2021.

Who the STCA applies to

The STCA generally applies to refugee claimants who are seeking entry to Canada from the U.S. at a designated land POE. The Agreement does not apply to U.S. citizens and stateless persons residing in the U.S. or to those who arrive from the U.S. by air (with the exception of some people being deported from the U.S. through Canada), or by sea.

The STCA does not apply to anyone who meets an exception, such as:

• people who have a family member in Canada
• unaccompanied minors
• people who hold a valid travel document issued by Canada or who are from a visa-exempt country for Canada but require a visa to enter the U.S.
• people who meet the public interest exception

It also does not apply to claims made by people who entered Canada between POEs.

Recent Litigation - Federal Court of Appeal decision

The Federal Court rendered a decision on litigation challenging the STCA in July 2020. The Court found that the STCA and section 159.3 of the Immigration and Refugee Protection Regulations violated section 7 of the Canadian Charter of Rights and Freedoms. The Government's appeal and the cross appeal were heard by the Federal Court of Appeal (FCA) in February 2021 and the decision was delivered on April 15, 2021.

The FCA upheld the validity of the Agreement and on June 14, 2021, the Canadian Council for Refugees et al submitted their application for leave to appeal against the FCA decision to the Supreme Court of Canada (SCC). On December 16, 2021, the SCC granted the application for leave to appeal.

Border management and ArriveCAN

Proposed response

The Government is committed to protecting Canada's borders and to helping travellers remain safe, which is paramount in the context of the global pandemic.

ArriveCAN is a fast, easy and secure way for travellers to show they meet all public health requirements. It collects information used to protect the health of travellers and fight the pandemic.

The ArriveCAN app and website do not collect any geo-location data related to users and only retain the information that is provided by the traveller. This information is used for health screening purposes at the border, including allowing public health officials to determine the need for quarantine or isolation.

ArriveCAN was built using privacy-first principles, and the CBSA will continue to respect the principles of the Privacy Act as it modernizes its processes.

This Government is also committed to building on the success of the ArriveCAN app and will roll out other initiatives designed to deliver a better and faster border experience for travellers in the coming months and years.

The CBSA is committed to working with the Privacy Commissioner and other stakeholders to develop rigorous standards and governance that will protect the privacy of Canadians while continuing to modernize the management of Canada's borders.

The web version of ArriveCAN offers travellers access to a platform that meets the Government of Canada's accessibility requirements. It supports the use of screen readers and magnifiers. The CBSA and PHAC are committed to continue improving the accessibility of the ArriveCAN mobile application on a regular basis towards meeting international guidelines.

Background

In the face of the global COVID-19 pandemic, the Government of Canada has taken measures to close borders and drastically reduce international travel, in addition to many other heightened public safety measures. With the introduction of requirements for travellers to provide contact details and information on their plans for quarantine, the CBSA observed longer border processing times since modern tools were not used to collect and analyze information submitted by stakeholders.

To support the administration and enforcement of the Quarantine Act and Emergency Orders made under it, CBSA and PHAC developed ArriveCAN, an integrated digital solution that enables real-time collection of information prior to arrival at Canadian Ports of Entry (POE) for all incoming travellers. ArriveCAN enables travellers to provide their information digitally as required by law under the Quarantine Act, to support compliance and enforcement, as well as public health measures.

ArriveCAN first launched in April 2020 and is available as a mobile app on the Apple App and Google Play stores or by signing in online at Canada.ca/ArriveCAN.

In November 2020, it became mandatory for air travellers to submit their information digitally in advance (in other words, before boarding the aircraft to Canada) via ArriveCAN. In February 2021, use of ArriveCAN became mandatory in the other modes (for example, land, marine).

Currently, all travellers, with limited exceptions, whether entering Canada by air, land, rail or marine vessel, must use ArriveCAN to submit their information within 72 hours before arrival to Canada, unless exempted from this requirement due to an accessibility need.

Travellers who do not submit their information through ArriveCAN may be denied boarding if arriving by air and may be denied entry into Canada if crossing at a land, rail or marine border crossing (if the person is a foreign national travelling for discretionary purposes).

Canadian citizens, permanent residents, persons registered under the Indian Act and foreign nationals eligible to enter Canada under another entry exemption will not be denied boarding or entry, but:

• won't be eligible for the fully vaccinated traveller exemption
• may face additional delays at the border for public health questioning
• may be subject to fines or enforcement action

Once in Canada, requirements to quarantine and provide symptom information will differ depending on the traveller's vaccination status as confirmed at the time of entry to Canada.

Information provided through ArriveCAN is shared with provinces and territories and law enforcement agencies for public health follow-up and to verify compliance with the Quarantine Act. ArriveCAN is part of a broader suite of activities and tools supporting Canada's evolving border policies through COVID-19.

ArriveCAN has had consistently high ratings in the mobile app stores and as of April 24, 2022, has been downloaded more than 10 million times. ArriveCAN has also been built with accessibility needs in mind.

With the increase of vaccination rates and the opening of the border, the flow of international travel is expected to eventually return to pre-pandemic levels. When that happens, it will be important that the CBSA has processes in place to support passenger flow while minimizing any virus transmission that can occur from routine actions, such as exchanging a travel document.

As a result of the COVID-19 pandemic, the CBSA and airport authorities identified a need to bolster public confidence in air travel by introducing innovative traveller processing solutions which reduce potential disease transmission points and create efficiencies in the travel continuum.

As a result, the CBSA has developed a new initiative (Advance CBSA Declaration) which leverages the success of the ArriveCAN application and the significant investment made in Primary Inspection Kiosks (PIK), which are a key pillar of the Agency's border processing.

Advance CBSA Declaration was launched at the Vancouver International Airport and Toronto Pearson International Airport in September 2021 and December 2021, respectively. This feature is available on the ArriveCAN website and allows travellers to prepare their customs and immigration declaration and transmit it to the Agency electronically up to 72 hours in advance of arrival in Canada. Use of the Advance CBSA Declaration is voluntary. Travellers are provided the option of using this service following submission of mandatory public health information through the ArriveCAN website. Should a traveller decline to leverage this new tool, they will be subject to conventional processing.

These pilots have demonstrated time savings benefits for both the CBSA and travellers (up to 50% reduction in processing times at PIKs). The Agency is planning to deploy the functionality to an additional eight (8) airports in the 2022 to 2023 fiscal year, as well as integrate Advance CBSA Declaration within the ArriveCAN app.

CBSA Main Estimates increases

Proposed response

The CBSA is requesting a total of $2,344.1 million in the Main Estimates, 2022 to 2023. This represents a $294.6 million (or 14.4%) increase over the previous year's Main Estimates.

With this funding, the CBSA will provide integrated border services that support national security priorities and facilitate the flow of people and goods across the border.

Increases in funding are primarily attributable to

A $98 million increase compared to the Main Estimates, 2021 to 2022 for compensation adjustments as a result of salary increases generated by the renewal of collective agreements for the Computer Systems (CS) and Border Services (FB) groups.

Further, $95 million is requested for program integrity funding to support Agency operations in 2021 to 2022 and beyond. Funding for 2021 to 2022 is being requested through the Supplementary Estimates (C), 2021 to 2022.

• Overall, program integrity funding will amount to $380 million over 4 years from (2021 to 2022) to (2024 to 2025), with $95 million ongoing starting in 2025 to 2026
• This funding will
  • provide a sustainable funding base
  • eliminate some key financial pressures going forward
  • support the cost of existing frontline officers
  • support increases related to certain unfunded personnel costs stemming from the implementation of new collective agreements, the Shared Services Canada (SSC) fiscal dividend, and incremental costs for guard contracts

$60.2 million is also requested to have funding for various initiatives reprofiled to future years. Of note, this includes:

• A $38.3 million increase for the CBSA Assessment and Revenue Management Project (CARM) due to scheduling delays and to the effects of the COVID-19 pandemic
• A $11.5 million increase for the Marine Container Examination Facilities Project (MCEF) due to delays in the procurement of the Fixed Large Scale Imaging equipment

$35.2 million is requested for funding to modernize Canada's border infrastructure through the Land Border Crossing Project (LBCP).

• The funding will be used to support the planning project phase for three full-service ports of entry (POEs) (St-Bernard-de-Lacolle, Pacific Highway, St-Armand) and to support the planning and execution project phases for the remaining 20 smaller POEs that are being replaced
• In total, the LBCP will replace 24 land border POEs across Canada that are in poor physical and functional condition. One has already been replaced

There is also a $2.7 million increase in funding for the Gordie Howe International Bridge Project^{Footnote 1}, to ensure that sufficient resources and equipment are in place to support national security and public safety priorities, once the Canadian port of entry is open.

And finally, there is a $10.5 million increase in funding for 2021 to 2023 Immigration Levels Plans, which is commensurate to the incremental increase in permanent resident admissions, beyond the volume approved in the 2021 to 2023 Immigration Levels Plan.

Background

The total funding anticipated through the Main Estimates, 2022 to 2023 is $2,344.1 million ($2,131.7 million in voted appropriations and $212.4 million in statutory appropriations). With the funding requested in these Main Estimates, the CBSA will provide integrated border services that support national security priorities and facilitate the flow of people and goods across the border.

Overall, the CBSA's total authorities (voted and statutory) for 2022 to 2023 have a net increase of $294.6 million (or 14.4%) from the previous year's Main Estimates.

The CBSA's net increase of $294.6 million represents an increase of $206.2 million in Vote 1 – Operating Expenditures, an increase of $66.6 million in Vote 5 - Capital Expenditures and an increase of $21.8 million in Statutory Expenditures (EBP).

The main factors contributing to the changes in funding levels include (but are not limited to):

Increases:

• $107.5 million for compensation adjustments
• $95.0 million in funding for Program Integrity
• $60.2 million in reprofiled funding for various initiatives to future fiscal years
• $35.2 million in funding for Land Border Crossing Project
• $21.8 million in incremental funding for the statutory employee benefit plan
• $20.7 million in funding for Gordie Howe International Bridge Project
• $10.5 million in funding for 2021 to 2023 Immigration Levels Plans

Decreases:

• $14.0 million reduction towards further centralization of government-wide Information Technology Operations
• $8.9 million reduction in funding for National Immigration Detention Framework
• $8.4 million reduction related to the sunsetting of cannabis
• $8.3 million reduction in sunsetting Postal Modernization Initiative
• $6.6 million reduction for Budget 2021 travel allotments
• $5.7 million reduction for Passenger Protect Program