Hot issues from PS: Standing Committee on Public Safety and National Security—Study on Mandate Letter Commitments (March 21, 2024)

South American crime groups in Canada

Proposed response

The CBSA is aware of and combating the presence of international organized crime groups in Canada.

The CBSA works daily to prevent and disrupt the operations of organized crime, ensuring public safety and protecting the integrity of our borders.

The Agency leverages its strong working relationships with relevant partners at home and abroad in this effort.

All travellers arriving in Canada are obligated to respond truthfully to all questions asked by a border services officer. Providing false or misleading information to a Government of Canada officials, including providing fraudulent documents, is a serious offence and may result in penalties and/or criminal charges.

Background

The Canada Border Services Agency (CBSA) is aware of the presence of members of South American theft groups in Canada and continues to work to prevent the entry into Canada of any inadmissible person. The Agency has developed a comprehensive approach to identifying members of South American theft groups and enhanced information sharing to identify these individuals before they arrive in Canada with the aim of disrupting and preventing their participation in organized criminal activities.

As identified in the article, individuals of different South American nationalities are able to obtain a real Mexican passport with relative ease. This allows them to enter Canada under less scrutiny then a passport-holder from their own country of origin since Mexican passport holders do not need a visa to enter Canada, they only require an electronic travel authorization (eTA).

The eligibility of all travellers to enter Canada is decided on a case-by-case basis and is based on information available at the time of entry. Upon arrival at a Canadian port of entry, travelers must demonstrate to a Canada Border Services Agency (CBSA) officer that they meet the requirements for entry into Canada. Officers are trained in interview and examination techniques. They use proven indicators, advance information, intelligence, innovative technologies and information sharing to carry out their mandate.

The CBSA's National Document Centre (NDC) contributes to the security and safety of Canadians by helping prevent the movement of unlawful people and goods across the border through the detection and analysis of document and identity fraud abroad, at Ports of Entry and through collaboration with national and international partners on the integrity of their travel and identity documents and issuance processes.

All new Border Services Officer and CBSA officers in Intelligence, Investigations, and Inland Enforcement receive Level 1 document analysis training as part of their induction training. Level 2 training is available to document examiners and experienced officers who are required to examine documents as part of their daily duties.

Holding a genuine travel document, such as a Mexican passport, that was obtained fraudulently is not easy to detect at the border.

ArriveCAN

Proposed response to the purpose and outcomes of the ArriveCAN app during the COVID-19 pandemic

ArriveCAN was built with a single business purpose - to enforce public health measures during the COVID-19 pandemic.

It was used 60 million times during the pandemic and allowed travellers a fast, easy and secure way to show they met all public health requirements. It is still being used on a voluntary basis to the tune of approximately 300,000 times per month.

ArriveCAN decreased processing times, allowed business and vital goods to flow, and helped the government monitor and respond to new COVID variants to keep Canadians safe.

While the ArriveCAN app was built during an extraordinary time and on an emergency basis, recent reports from the Procurement Ombuds and the Auditor General's have identified important gaps in procurement processes and controls. Their recommendations will serve as guideposts to addressing them.

The CBSA is strengthening its processes and controls related to procurement planning, contract administration, corporate culture and proactive monitoring to reduce the risk of fraud.

The CBSA has established a solid governance structure to oversee the use of contracts in the Agency, and is reducing its reliance on external contractors in a systematic and responsible way.

It is my expectation that appropriate action will continue to be taken as review and investigative processes are completed. It's important that these processes continue with integrity and are concluded as soon as possible.

If pressed on proper security clearance

The CBSA continues to monitor its systems for unauthorized access to data.

During the period of which the ArriveCAN app was used of enforce public health measures during the COVID-19 pandemic, there were no reports of privacy breaches.

Security screening is a requirement for all contracts that involve unescorted access to CBSA premises, or access to CBSA information. All individuals listed on a contract are required to be screened prior to work beginning.

The CBSA validates security screening prior to issuing Access or ID cards to all individuals, including contractors. Prior to a contractor being given a UserID and access to CBSA systems, the Project Authority must certify that they hold the required level of screening.

Background

Office of the Auditor General Report on ArriveCAN

The Office of the Auditor General's audit findings are focused on six themes:

1. The precise cost of the ArriveCAN app cannot be determined
2. The CBSA relied heavily on external resources which increased costs
3. Procurement decisions did not support value for money
4. The requirements placed on bidders were restrictive and likely have limited competition
5. Practices to manage the ArriveCAN project were missing at the most basic levels
6. Deficiencies regarding security testing of the application

The CBSA is focused on actions in the following three areas that will make a material difference in improving how it manages procurement:

• Creating an Executive Procurement Review Committee to approve contracts/task authorizations
• Requiring employees to disclose all interactions with potential vendors
• Increasing the capacity of our procurement group both to oversee all procurement activities and establish a centre of expertise to help employees if they have questions or do not understand their authorities and obligations

Following the tabling of the report, Conservative Leader sent a letter to the RCMP commissioner asking to expand its investigation to include ArriveCAN. The RCMP responded that "The Royal Canadian Mounted Police is assessing all available information, including the Auditor General's performance audit report, and will take appropriate action."

Procurement

The CBSA's Internal Audit and Program Evaluation Directorate is performing work on the Agency's procurement and contracting practices. An internal audit and review are expected to be completed in the spring/summer 2024 and the results will be posted to the CBSA's website once complete.

The CBSA also awaits the upcoming final reports of the Office of the Auditor General and of the Office of the Procurement Ombud on McKinsey contracts and will take additional measures informed by those reports once available.

The CBSA has improved controls and oversight, including having those with procurement authority in headquarters retake their training, having a senior committee review new contracts and task authorizations and centralizing procurement responsibilities within our Agency.

Employees must always be guided by the CBSA Code of Conduct and the Values and Ethics Code for the Public Sector. The Agency will be launching an internal dialogue on values and ethics, with engagement to come over the coming weeks and months.

If pressed on procurement

The improvements made to the CBSA procurement function in 2023 include:

• the establishment a new nationalized procurement directorate to provide consistency and greater oversight
• updating and communicating Standard Operating Procedures to ensure compliance with the Directive on the Management of Procurement
• reviewing our financial processes to ensure compliance (Section 33)
• requiring all managers and executives in headquarters to take / retake four mandatory procurement courses
• reviewing our process for the proactive disclosure of contracts to better transparency
• creating a two-tiered governance structure where a new VP led Executive Contract Review Board approves all contracts and task authorizations above $40,000 and all requirements over $1 million are passed to Executive Committee for final approval

False quarantine issue

From June 28 to July 20, 2022, 10,200 ArriveCAN users out of the approximate 2,000,000 ArriveCAN submissions, despite having submitted all the required information and their proof of vaccination using the ArriveCAN app, received automated quarantine notifications when they should not have when they crossed the Canadian border. The Consumer Law Group of Canada filed a proposed class- action lawsuit on February 16, 2024 against the Attorney General of Canada on behalf of individuals who received false automated quarantine notifications.

This issue was related to a defect in the iOS version of the application that had incorrectly defaulted a field¸ "quarantine_exempt", to false. This flag is used by the ArriveCAN back-end system to send automated quarantine notifications to travellers.

The defect was introduced in ArriveCAN version 3,0 for iOS and was caused in a very specific scenario, where a user:

• started the "public health" data submission flow
• added the traveler information and their corresponding vaccine information
• exited the "public health" flow
• and then later returned to continue the submission

Essentially, if the user began their submission, stopped and returned later, they would be flagged for quarantine.

When the user resumed the submission, the app used the default value of the "quarantine_exempt" flag, instead of the modified value based on the traveler's data and vaccine information. This defect was not detected during testing because this scenario was not a part of the ArriveCAN test cases.

In response to this defect, the CBSA updated their testing to cover this scenario and invested resources in building an automated testing capability for ArriveCAN so that more time can be dedicated to testing new features where defects such as this could be introduced.

The CBSA resolved this issue in 4 stages:

• On July 20, 2022, a resolution was implemented to the vaccination flow for all new submissions. From that point on, newly created submissions were not falsely flagged as going into quarantine
• On July 23, 2022, a resolution was applied to correct the ArriveCAN submissions of users who had not yet crossed the border so they would not receive false quarantine notifications when cross the border
• On July 25, 2022, a fix was implemented to stop sending false quarantine notifications to travelers who had arrived and were receiving them
• On the July 27, 2022 the CBSA sent corrected data files reflecting the true quarantine status to PHAC to ensure that PHAC's IT systems used to manage quarantine cases were in synchronization with CBSA's data

CBSA's efforts to enforce sanctions against Russia

Proposed response

I can assure you that the CBSA, along with other law enforcement agencies under my portfolio, work closely with departments such as Global Affairs Canada to prevent restricted goods and technologies from making their way to Russia via third countries, by enforcing Canada's sanctions regime and through strategic export controls.

Since the start of the Russian invasion of Ukraine, the CBSA has reviewed more than 1500 shipments bound for Russia. These examinations have resulted in 14 fines being levied against exporters, six shipments being recommended for seizure, and eight shipments being withdrawn by the shipper.

The CBSA enforces a wide array of measures, including export controls, and uses tools and technology to prevent sensitive goods and technologies from reaching illicit procurement networks, where they could be used to produce weapons of mass destruction or conventional weapons.

The CBSA continues to actively work with Fives Eyes partners share information and to stay one step ahead of those circumventing laws.

Background

The CBSA facilitates the flow of legitimate travelers and trade and enforces more than 100 acts and regulations that keep our country and communities safe. With respect to the import and export of commercial goods, the CBSA carries out seizures, enforces monetary penalties and investigates those who violate the rules and regulations.

The CBSA is responsible for enforcing Canada's strategic export controls, and Canada's sanctions regime within an import/export context. The CBSA drives regulatory enforcement, while also supporting criminal investigations.

The CBSA's enforcement efforts also allow us to identify and stop state and non-state actors that engage in potentially illicit activity. We enforce sanctions and export controls that are used to prevent sensitive goods and technologies from reaching illicit procurement networks, where they could be used to produce weapons of mass destruction or conventional weapons.

The CBSA works closely with the Government of Canada stakeholders including Global Affairs Canada and the Canadian Nuclear Safety Commission to ensure relevant export controls are enforced. We ensure that all new or amended sanctions and export controls are operationalized through our risk assessment process.

The Agency's Counter Proliferation Operations Section's role consists of controlling strategic exports. The CBSA's Border Services Officers at Canada's ports of entry use their authorities under the Customs Act to ensure that goods being exported from Canada comply with the export reporting requirements. The Section provides risk assessments on electronically-submitted export declarations, identifies those that may contravene Canada's export controls, and makes referrals to the relevant ports of exit, recommending the interception, examination and detention of shipments.

Despite international efforts, Russia maintains extensive capabilities to acquire Western goods and technologies. Russia's proliferation networks exploit legislative, regulatory and capability gaps by engaging in transshipment tactics like ghost trade to circumvent export controls and sanctions. The Agency has noted that many of the exporters whose shipments we have detained in relation to Russian sanctions have now stopped exporting to that country. However, third countries are used as transshipment points and false end-user information is often provided.

Although exports to Russia have decreased, risk assessment processes have increased due to the complex and lengthy list of goods currently being sanctioned (Goods and Technology list, Luxury and Military Goods, Export Control List).

Iranian sanctions currently focus on missile technology and uranium mining/enriching and nuclear materials and technologies. The export of drone or antenna technology may not fall under the existing Iran sanctions.

The CBSA has established and chairs the Sanctions and Border Enforcement Coordination Committee within the Government of Canada to enhance interdepartmental cooperation on information sharing and to find ways to improve coordination related to sanctions enforcement. The CBSA also hosted the first E5 (Export Enforcement group of the Five Eyes) meeting in June 2023 to support the work of integrated export enforcement with our international allies. This meeting was designed to share information and best practices on export and sanctions enforcement.

The CBSA continues to monitor the situation and is working with domestic and international partners in an effort to maintain intelligence visibility on the Russian proliferation landscape.

Global Affairs Canada remains the Government of Canada's lead for the administration of foreign policy.

Auto theft

Proposed response

Our government recognizes the impact that auto theft is having on Canadians. This is why the Government of Canada hosted a National Summit on Combatting Auto Theft on February 8 where leaders and key stakeholders from all levels of government, law enforcement, industry and more came together to discuss concrete collaborative measures to address this issue through a pan-Canadian approach.

We are committed to continue to work collaboratively with domestic and international partners, including law enforcement, border services and industry stakeholders, and through the Summit, we've made significant inroads to strengthen our coordinated response to address auto theft in the communities where the theft takes place, on the roads and railways where cars are transported, and at the ports and borders where a large portion of the stolen vehicles end up.

We are actively supporting provincial, territorial and municipal law enforcement partners in their efforts to combat these crimes head on.

To this end, the federal government is investing $121 million in police services in Ontario to target the recent surge in auto-thefts and violent car-jackings, as well as the gun and gang violence that often accompanies these crimes. The RCMP is also working directly with the Ontario Provincial Police and the Sûreté du Québec to enhance coordination and intelligence sharing.

At the border, the Canada Border Services Agency is working closely with domestic and international partners to intercept stolen vehicles before they get exported.

To further strengthen Canada's borders against vehicle theft, the Canada Border Services Agency is receiving a federal investment of $28 million to tackle the export of stolen vehicles. With this new funding, CBSA will have more capacity to detect and search containers with stolen vehicles, as well as further enhance collaboration and information sharing with partners across Canada and internationally to identify and arrest those who are perpetrating these crimes.

We are aware that organized crime groups are using auto theft as a means to finance other illicit activities. This is why this government is also looking at strengthening measures within the Criminal Code to make criminals think twice before engaging in criminal activity related to auto-theft.

The Summit that took place last month that brought auto manufacturers, insurance as well as port and rail authorities and law enforcement representatives to the table to discuss ways to work with all levels of government confirmed the shared commitment to find solutions and establish shared national objectives to address auto-theft affecting hard-working Canadians.

I look forward to forging even stronger partnerships. There is more work to come on a national action plan to tackle this issue together.

Background

An estimated 90,000 cars annually (or one car every six minutes) are stolen in Canada. This results in approximately $1 billion in annual costs to Canadian insurance policy-holders and tax payers.

Auto theft is viewed as low risk with high profit, and thieves often coordinate a multi-step process to track desirable, newer models of SUVs or trucks from public spaces to owners' homes where they use sophisticated electronic devices to gain access to the vehicle. The theft typically happens at night and can take only a few seconds. Stolen vehicles are then either exported or dismantled for their parts, like catalytic converters that can be worth $800 to $1,200 alone.

According to Équité Association, a national not-for-profit organization that supports Canadian insurers to fight fraud, Quebec and Ontario had the highest number of vehicle thefts in 2023 with more than 7,800 and 15,000 vehicles, respectively, stolen during the first six months. In 2022, rates of vehicle theft rose by around 50% in Quebec and 48.3% in Ontario compared to the previous year.

But auto theft is not always just about stealing a vehicle from someone's driveway. Organized crime groups are increasingly using the export of stolen vehicles as a means of transnational money laundering, as compensation for other illicit commodities such as drugs and as part of insurance fraud.

Rates of vehicle theft are expected to increase as organized crime groups become more skilled in sustaining their revenue flow from stolen vehicles.

Because criminal investigations of auto theft are the responsibility of police of jurisdiction, an effective federal government response would focus on other dimensions of auto theft that leverage existing mandates, roles and responsibilities.

Public Safety plays a coordination and facilitation role in countering auto theft, participating in discussions with partners and stakeholders at federal-provincial/territorial tables including the Canadian Association of Chiefs of Police and the National Coordinating Committee on Organized Crime. Through these fora, PS facilitates strategic policy discussions and information sharing between law enforcement agencies and public policy makers across Canada. With increasing expressed interest from the public on federal responses to auto theft, including from sector associations like Global Automakers of Canada and Équité, regional advocacy groups like the Ontario Auto Mayors and automotive manufacturers like Honda Canada, there is a demonstrated need to include key stakeholders and partners in the discourse to ensure a comprehensive and coordinated approach to combatting vehicle theft.

CBSA works closely with domestic and international partners including intelligence and law enforcement in a joint effort to ensure border security. In cases involving the interdiction of stolen vehicles at the point of export, the CBSA works in partnership with the police of jurisdiction, and other intelligence sources which allows it to act on referrals from partners. CBSA actions 100% of referrals made by police of jurisdiction and has participated in 14 separate joint forces operations to date.

CBSA is currently exploring how its networks could be leveraged to support post-border activities further.

Following the announcement of $28 million in funding allocated to the CBSA over 3 years, the agency will enhance capacity to target and examine containers suspected of containing stolen vehicles. The CBSA will also review existing legislation and regulations to identify gaps in export reporting requirements alongside barriers to information sharing with our partner. And finally, the agency will explore and test existing and new technologies over 5 years to improve efficiencies in the detection of stolen vehicles.

While the investigation of these types of offences falls under the police of jurisdiction, the RCMP's Federal Policing (FP) program contributes its skills and expertise and works closely with its law enforcement partners to support their efforts to disrupt this criminal activity both domestically and internationally.

For example, in Quebec, a member from the RCMP's Montreal National Port Enforcement Team (NPET) has been participating in Project RECHERCHER - an Integrated Vehicle Theft Team led by the Sûreté du Québec and other municipal police services, working with CBSA that aims to target the criminal groups in Canada responsible for the overseas export of stolen vehicles. The RCMP's involvement is limited to the exportation aspect of the crime, specifically out of the Port of Montreal. Similarly, two members from Montreal's NPET are also involved in Project VECTOR – a multi-jurisdictional operation focused on the identification and interdiction of stolen vehicles that is being led by the OPP. Project VECTOR is composed of multiple police forces in Ontario and Québec (federal, provincial, and municipal), as well as CBSA aiming to integrate intelligence and enforcement capability to disrupt organized crime activities on stolen vehicles at all stages of the outbound criminal supply chain. The CBSA GTA Region has an embedded in Project VECTOR in order to support law enforcement.

The RCMP also leverages the capabilities of INTERPOL and its Liaison Officer network to contribute to and advance international investigations into the transnational organized crime groups who orchestrate these crimes. Recently, the RCMP coordinated the Canadian participation of an INTERPOL led transnational vehicle crime project resulting in several arrests and the recovery of stolen vehicles in Canada. Going forward, the RCMP is working to connect Canada's stolen motor vehicle records with INTERPOL's stolen motor vehicle (SMV) database to help facilitate the RCMP's ongoing global repatriation of Canada's stolen cars exported abroad and the targeting of organized crime groups receiving these vehicles.

While Transport Canada (TC) does not have a specific crime prevention mandate, the department works with Canada Port Authorities to develop site-specific infrastructure improvements.

TC also works with marine facilities in major ports to improve cargo handling security procedures and reporting of suspicious containers to CBSA. Ongoing engagement with key stakeholders including automobile manufacturers, rail companies, Canada Port Authorities and port operators and security partners supports a comprehensive approach to combating auto theft. Leadership on a federal-provincial/territorial working group under the Council of Ministers Responsible for Transportation and Highway Safety also supports collaborative discussions on vehicle theft.

Innovation, Science and Economic Development Canada (ISED) engages regularly with original equipment manufacturers and manufacturer associations, including to discuss auto theft, and will continue to receive and share information as the issue, and industry/government's planned responses, continue to develop.

Private industry has also expressed interest in deepening their partnership and engagement on this issue and have offered to share information and intelligence for the purposes of enforcement. We are looking into the feasibility and benefits of this and other options.

Auto theft: Airtag protocol

Proposed response

Consultation with key federal, provincial and municipal Police of Jurisdiction (POJ) partners is underway to finalize a national Communique to implement the request to locate (aka "air tag") protocol.

In terms of implementation, a draft of the Communique is expected for review by partners by the end of this week (March 22) with implantation to follow after engaging with POJ leadership through various venues including the Canadian Association of Chiefs of Police, Canadian Integrated Response to Organized Crime and other POJ fora.

The CBSA remains ready to implement the protocol and will leverage CBSA's 24/7 Warrant Response Centre (WRC) as a first point of contact for POJs seeking the CBSA's assistance to locate a stolen vehicle where location details are known through the use of tracking devices.

Background

The Canada Border Services Agency (CBSA) had initiated engagement with partners (RCMP, OPP, SQ and SVMP) following the Auto Theft Summit to advance the development of a national request to locate protocol).

Police of Jurisdiction (POJ) coordination

The OPP and SQ had each identified their services as being the focal point for coordination of requests from victims of auto theft in their respective provinces. The RCMP preferred that such requests should rest with the originating agency for POJs outside of Ontario and Quebec as the RCMP is not the sole POJ in those jurisdictions.

CBSA internal process

The CBSA has developed internal guidance to facilitate the communication of requests to locate from the CBSA Warrant Response Centre (WRC) to identify contacts in each region. The WRC will document and track the referrals to regional operations.

It is noted that the CBSA has been clear that should location data find that a stolen vehicle is in CBSA's domain, the originating POJ will contact the CBSA's WRC to initiate our internal Request to Locate protocol from there the WRC will log and route the request to the applicable Region/Port for intervention – which could entail placing it into a queue for examination (if Container # is known) or if sufficient location specific details are available and if the port team has the capacity, then the more immediate efforts could be undertaken depending on priorities and capacity of port exam teams.

Also recognizing that air tags, and other location devices, will not provide exact coordinates in our yard to pinpoint multiple containers stacked on top of each other. We have noted to partners that container numbers or data indicating the time of arrival for a container is of significant benefit when attempting to locate a vehicle within a marine/rail container yard.

CBSA's Information, Science and Technology Branch (ISTB) is engaged with FVEY partners to identify technical solutions that may assist in providing more specific details for air tags and other similar "off the shelf" tracking devices.

The last call with partners was coordinated and hosted by the CBSA on March 15, 2024 to advance the development of the request to locate protocol which led to agreement to develop a joint Communique to POJs nationally.

This Communique will address four main areas:

• Public Communications - victims of auto theft should engage their local police of jurisdiction to provide information that may assist in identifying the current location of their stolen vehicle
• POJ to POJ - originating agencies will communicate with applicable POJs through use of CPIC messaging to coordinate requests to locate stolen vehicles when the location is established, preferably well before a vehicle makes into a container or arrives in CBSA's domain
  • POJ to CBSA - the CBSA will coordinate requests to locate from POJs through use of CBSA's 24/7 Warrant Response Centre (WRC) to act as a focal point for triage (and tasking to region where vehicle is located) and performance monitoring
• POJ to RCMP for International Recovery – POJs will be provided with RCMPs International Policing contacts to obtain support in recovering vehicles intercepted outside of Canada
• A first draft is expected for review by partners on March 22, 2024. Once finalized the Communique will be distributed nationally to all POJs, including a CPIC broadcast message, include through POJ channels such as the Canadian Chiefs of Police (CACP), Canadian Integrated Response to Organized Crime (CIROC) and through RCMP's Chief of Police roundtable

CBSA preclearance

Proposed response

The CBSA is always looking for ways to better serve travellers, promote efficiency and carry out its critical mandate to protect Canadians.

As such, the CBSA had previously extended the consultations on the proposed regulations for a Land Preclearance Pilot until February 14, 2024, so that we could hear from Canadians and get their views on this important project. The CBSA is currently addressing all the comments received, and will update the regulatory document accordingly. All comments will be made public on March 15, 2024.

Through this pilot, the CBSA will test the viability and benefits of Canadian preclearance in the U.S..

This pilot is a promising step towards greater facilitate of cross-border travellers and trade, while continuing to ensure border security and integrity.

Background

Preclearance is the process whereby border officers from an inspecting country carry out customs, immigration and related inspections in the territory of a host country to determine whether goods or people should be allowed to enter into the inspecting country. The objective of preclearance is to improve and expedite the flow of legitimate trade and travel while continuing to ensure border security and integrity.

In March 2015 Canada and the U.S. finalized an agreement to expand preclearance for travellers and goods to land, rail and marine border crossings. In 2017, Parliament adopted Bill C-23 and the agreement went into effect in 2019.

In 2019, the Agreement on Land, Rail, Marine, and Air Transport Preclearance between the Government of Canada and the Government of the United States of America (LRMA) was ratified and the Preclearance Act, 2016 (PCA 2016) came into force. The PCA 2016 implements the terms of the LRMA into Canadian domestic law.

Currently, the United States conducts preclearance in Canada at eight international airports and one ferry site. Now that the LRMA and PCA 2016 are in force, preclearance can be expanded to all modes, can include commercial cargo, and will allow Canada to operate preclearance in the US.

CBSA officers currently working at the Covey Hill, Quebec Port of Entry will be relocated to Cannon Corners, New York (200m away). Under preclearance, the CBSA will continue to facilitate legitimate travellers and goods and refuse goods that are contrary to Canadian legislation.

Implementing Canadian preclearance in the United States provides Canada with an opportunity to improve program integrity and facilitate cross-border movement of legitimate travellers and their goods as well as commercial cargo.

The proofs of concept (that is, conducting pilots in the United States) will serve to leverage the partnership between Canada and the US and enable the use of shared resources and existing facilities. Lessons learned and outcomes of the pilots will inform the way forward for permanent preclearance operations in the United States.

Consultations

The CBSA notified the Customs and Immigration Union (CIU) and Canadian Bar Association shortly after the Regulations were published. The CBSA met with Canadian Bar Association on January 17, 2024 and with the Customs and Immigration Union on January 24, 2024. Should additional briefing with these partners or any other interested stakeholders be requested, the CBSA will make themselves available.

The CBSA and CIU maintain a positive and ongoing engagement on preclearance, like all other files that impact officers. Before the January 24, 2024, briefing, CIU was briefed on preclearance on April 11, 2023, and exchanged questions and answers with the CBSA on preclearance in June 2023. In addition, there have been several briefings on preclearance since 2016.

The CBSA had previously extended the consultations on the proposed regulations for a Land Preclearance Pilot until February 14, 2024, so that they could hear from Canadians and get their views on this important project. The Agency had received very informative views from partners, such as the Canadian Bar Association, Canadian Association of Refugee Lawyers, Future Borders Coalition as well as private citizens and will be responding to all comments. [Redacted]

[Redacted]

Refugee claims

It is the Preclearance Act, 2016 that states that no claims for refugee protection can be made in preclearance. Should an individual present at a preclearance location and try to make a refugee claim, the individual will be given the opportunity to "withdraw" from the preclearance area. A traveller wishing to make a refugee claim could seek to do so at a port of entry in Canada. Training will be developed for CBSA officers on how to handle these cases.

It is the Preclearance Act, 2016 that allows for refusals for inadmissible foreign nationals and permanent residents in preclearance, under prescribed circumstances. The proposed regulations define the grounds of inadmissibility based on existing grounds that exist in the Immigration and Refugee Protection Act.

All Canadian citizens and persons registered under the Indian Act continue to enter by right, and will never be referred for the purposes of immigration in the preclearance area, exactly like at a port of entry.

Arming

The Agreement on Land, Rail, Marine, and Air Transport Preclearance permits preclearance officers to carry the same regulated items, defensive equipment and restraint devices that the host country border services officers are permitted to carry in the same operating environment.

Withdrawal

Travellers are permitted to withdraw from preclearance at any point during the process unless they are detained. Officers, however may question travellers to determine their identity and reason for withdrawing.

Any information collected on a traveller cannot be disclosed after their withdrawal from preclearance except for the express purpose of maintaining the security of and control over the US-Canada border.

Protections and accountabilities

The LRMA introduces shared jurisdiction between Canada and the US over any offence committed by an officer working in preclearance. For Canadian preclearance, Canadian officials will have primary criminal jurisdiction over any acts committed by officers conducting preclearance in the performance of their official duties in the US. Acts committed outside the performance of official duties would fall under US jurisdiction.

Firearms

Proposed response

The Canada Border Services Agency (CBSA) seized 1,100 firearms in 2022, and an additional 920 in 2023. Additionally, the CBSA seized 3,756.53 grams of fentanyl in 2022 to 2023.

The Government committed $312 million over five years in Budget 2021, which includes resources for the CBSA and the Royal Canadian Mounted Police (RCMP) to increase intelligence and investigative capacity at our border, and increase the RCMP's ability to trace crime guns and detect straw purchasing.

The number of new recruits from the CBSA College has continuously increased year over year since 2016, except during the pandemic in 2020.

The Agency continuously monitors traveller volumes and wait times to allocate resources and adjust staffing levels during peak travel periods to minimize processing times and delays at our ports of entry. The Agency is agile, and able to mobilize frontline officers in other areas of the Agency, if, and when, needed.

Background

The Canada Border Services Agency (CBSA) is responsible for ensuring the health and safety of Canadians while facilitating legitimate trade and travel across Canada's border. Specifically, the Agency helps to protect Canadian communities by combatting the movement of illegal firearms into Canada. The CBSA has 8,700 frontline staff.

To ensure that the CBSA has the elements it needs to identify, disrupt, interdict, and take enforcement action against gun smuggling activities, the CBSA collaborates with law enforcement partners to share intelligence, build a shared threat picture, and conduct joint enforcement operations. Such collaboration includes the Cross Border Firearms Task Force, the Cross Border Crime Forum, and various activities that fall under the Cross Border Law Enforcement Advisory Committee and Liaison Group. Each of these fora present opportunities for increased collaboration and information sharing between Canadian (for example, CBSA and Royal Canadian Mounted Police (RCMP) and United States law enforcement partners (for example, Customs and Border Protection, Bureau of Alcohol, Tobacco and Firearms).

On April 28, 2023 the Minister of Public Safety and the Minister of Justice and Attorney General hosted the US Attorney General and US Secretary of Homeland Security in Ottawa for the second meeting of the Canada-US Cross-Border Crime Forum. At this meeting both countries expressed their strong commitment to combatting firearms violence. Ministers emphasized ongoing actions to address the smuggling of firearms across our shared border.

While there are various initiatives underway at the CBSA to combat firearms smuggling, the Intelligence and Enforcement Branch plays a unique role across the travel and trade continuum. As such, the CBSA's Firearms Strategy focuses on the identification, disruption, interdiction, enforcement, investigation and prosecution of illicit firearms and related activities using an intelligence-led, integrated approach. It encompasses activities that can be conducted or influenced by CBSA personnel, and can help guide other operational areas in supporting the fight against illicit firearms smuggling.

The key to this multifaceted approach is the CBSA's National Firearms Intelligence Desk. This desk brings together partners across the CBSA, by breaking down silos between the various CBSA programs and operations. Hosting national calls and coordinating information and intelligence, the Desk brings together intelligence, immigration enforcement, criminal investigators, targeting, security screening, international liaisons, Port of Entry operations, commercial and traveller policy and program areas and more—to collectively focus on firearms.

In addition, the Cross-Border Firearms Task Force was established as the result of the shared commitment made by Prime Minister Trudeau and President Biden to reduce gun violence in 2021. Its main focus is to scope and identify methods to counter firearms smuggling across the Canada – United States border. The work done by the Task Force ensures that law enforcement partners on both sides of the border benefit from shared intelligence to enable the detection and interception of illicit firearms. Members collaborate with relevant domestic government agencies and international organizations to combat the threat posed by smuggled firearms, firearms parts, and devices prohibited from export or import, as well as target the financing, assets obtained through this illicit activity, and other illicit commodities used to acquire this contraband.

Building on the success of the Cross Border Firearms Task Force and other existing Canada/United States relationships, the CBSA has developed integrated regional firearms teams in Ontario, Quebec and the Prairies. These cross-functional teams, made up of intelligence officers, analysts, and criminal investigators, bring together essential expertise and provide a single point of contact for timely collaboration with United States and domestic law enforcement partners to disrupt gun smuggling.

On March 21, 2023, CBSA and US Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) signed a Memorandum of Understanding to allow for the direct sharing of information. As both CBSA and the Bureau share a common mandate to protect their citizens from violence associated with illicit firearms, being able to share information and intelligence quickly is imperative.

The Government continues to invest in people, tools and technology to combat firearms smuggling and trafficking. The Government committed $312 million over five years in Budget 2021, which includes resources for the CBSA and the RCMP to increase intelligence and investigative capacity at our border, and increase the RCMP's ability to trace crime guns and detect straw purchasing. This is in addition to the $92.9 million in funding allocated to the CBSA from 2018 to 2019 to 2023 to 2024 under the Initiative to Take Action Against Gun and Gang Violence. Highlights include:

• Deployment of small scale imaging units to examine shipments; To help identify illicit guns, new x-ray machines were purchased and deployed to the three international mail processing facilities, allowing the CBSA to process all mail in a consistent, efficient, and non-intrusive manner. In addition, eighteen (18) portable hand-held x-ray units were deployed to support the interception of firearms in the air cargo mode
• Additional detector dog teams specializing in drug and firearm detection deployed across Canada; Since 2019, five (5) new drug and firearm detector dog teams were trained and deployed. Between 2019 to 2022, these teams contributed to the seizure of 278 firearms, 241 magazines, and 236 prohibited weapons. A newly constructed Canine Center of Expertise all-weather facility is now open and fully operational
• Acquired 14 mobile examination vehicles; A one-time capital investment was received to replace and expand CBSA's fleet of 14 Contraband Outfitted Mobile Examination Trucks All units have been equipped and delivered to the ports of entry to support the interception of firearms in the air mode
• Specialized training pilot project to strengthen officer training on vehicle searches; Automobile Examination and Advance Automobile Examination courses have been developed and are currently available to CBSA officers
• Planning for installation of large-scale imaging systems in key air cargo hubs; Pallet-sized x-ray technology is projected for 2024 to 2025. The Pallet-sized x-ray will be a first-of-its-kind technology in air mode

In 2023, the number of firearm seizures increased 24% compared to the previous year, from 540 to 670 incidents. The quantity of firearms seized dropped from 1,100 in 2022 to 918 in 2023). These quantities are still high relative to previous years, as the 5-year average is 867 per year.

From January 1, 2020, to March 31, 2023, the Agency has opened 250 criminal investigations into firearms issues. Many investigations are ongoing or charges are still before the courts, however, the CBSA has laid charges in 103 cases involving firearms. During this same period, courts have imposed guilty convictions in 50 cases.

Stats

On average, between 2019 and 2023, 475 shipments and 867 firearms were seized by the Canada Border Services Agency yearly. In 2021, the CBSA seized 403 shipments and 1,109 items. In 2022, the number of shipments seized increased to 540 and the number of firearms remained stable at 1,100 items. In 2023, CBSA seized 920 firearms – including 502 handguns and 124 semi-automatic pistols.

In 2022, the CBSA's Criminal Investigations program had 116 firearms related investigations open, laid charges in 38 firearms cases, and 16 successful prosecutions resulting in conviction.

Firearms seizures

Drug enforcement

Proposed response

The Canada Border Services Agency (CBSA) is committed to stopping the illegal flow of drugs through Canadian borders and from reaching our communities.

Background

The Canada Border Services Agency (CBSA) plays a direct role in protecting Canadian communities by preventing illegal drugs from reaching our communities. The Agency is the lastline of defense to stop the cross border movement of illegal drugs. The Government of Canada has invested in initiatives aimed at increasing the CBSA's capacity to prevent the cross border trafficking of illicit drugs.

1. Due to the highly toxic nature of illicit opioids, the CBSA equipped 82 ports of entry with safe examination areas at its highest risk ports of entry for encountering illicit drugs. These are demarked segregated areas equipped with detection tools, enhanced personal protective equipment and a fume hood. The safe examination areas offer multiple layers of protection to minimize the front line's risk of exposure to goods containing highly toxic substances. As a result, CBSA officers can handle, examine and seize illicit drugs in a safer and more timely manner.
2. The CBSA operationalized three regional sampling sites staffed by field chemists in Toronto, Montreal and Vancouver. This initiative has reduced the wait times for substance identification and the number of samples being sent to the CBSA Laboratory in Ottawa. The turnaround time for chemical analysis and identification has been significantly reduced resulting in a more efficient process.
3. In 2019, six Detector Dog Service teams were trained on the fentanyl scent and deployed to the Pacific, Quebec, and Greater Toronto Area regions. The Detector Dogs are able to pinpoint the location of a scent that is undetectable to humans. They have proven to be a successful in the non-intrusive detection of drugs.

The overdose crisis continues to have significant impacts on Canadian communities and families. In response, the CBSA continues to explore new technology and advanced enforcement techniques to interdict illegal opioids and precursor chemicals at the border. To effectively interdict illicit drugs from crossing the border, the Agency utilizes a variety of intelligence processes, detection tools, training, techniques and scientific knowledge.

Stats and recent significant seizures

In 2022 to 2023, the CBSA seized more than 16,000 kg of cannabis products, 3.75 kg of fentanyl, 214.58 kg of heroine, and 1,812 kg of cocaine.

In the first three quarters of 2023 to 2024, the CBSA seized 18,939.4 kg of cannabis, 0.6 kg of fentanyl, 87.6 kg of heroine, and 1,321.3 kg of cocaine.

In September 2023, a commercial truck driver attempted to cross the border in the Southern Ontario Region with 233 kg of cocaine. CBSA seized the 202 brick shaped objects and arrested the driver, transferring custody to the RCMP Border Integrity Unit. In December 2023, the driver was charged by the RCMP.

On November 30, 2023, border services officers working with the Greater Toronto Area (GTA) Region Specialized Border Interdiction Unit examined a plane arriving from Guyana at Toronto Pearson International Airport. A GTA Region detector dog services team was brought in and the canine indicated positive on one bag. Upon inspecting the contents of the bag, officers discovered 29 kg of suspected cocaine.

On January 14, 2024, CBSA officers discovered and seized 406.2 kg of suspected methamphetamine, approximately 4 million illicit doses valued at over $50,780,000, following the examination of a commercial truck at the Boissevain port of entry in southern Manitoba. This is the largest seizure of illegal narcotics to occur in the Prairie Region.

Drug seizures