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Executive Vice-President's Transition Binder 2019
Intelligence and Enforcement Branch (IEB)

Mandate Letter

Vice-President, Intelligence and Enforcement Branch

Dear Mr. Cloutier:

We are honoured that you have agreed to serve Canadians as the Vice-President (VP) of the Intelligence and Enforcement Branch (I&EB) of the Canada Border Services Agency (CBSA). As a senior CBSA executive in the Public Service of Canada, we expect you to deliver, with fiscal probity, quality functions that are aligned to our mandate so that every day we continue to make a difference in the lives of Canadians and visitors to our country. In addition, we expect you to provide advice, in a manner that is transparent and professional, to the Government of Canada to support its objectives.

Border of the Future

The CBSA has embarked on a journey to transform and modernize the way we work. In collaboration with the Chief Transformation Officer, we are enhancing the functional management model and evolving the Agency's risk-based compliance business model where utilization of advanced data analytics will be critical and where functions and resources will be designated and arranged based on the core business of the organization. As the VP, I&EB (designated functional authority), you are accountable for the management of your respective function from end-to-end and coast-to-coast, including program design, management, and service delivery. This will ensure that we:

In compliance with the CBSA's governance and accountability structures and Departmental Results Framework, you are accountable for institutionalizing the vision linked to the broader CBSA Sustainability and Modernization Agenda for your business line. The Agency is at a critical juncture in its evolution, and your leadership will be called upon to help renew the organization. This includes efforts to realize the strategic direction and priorities, actively build a healthier culture, and effectively manage the impacts of these changes on all people affected. People and resource management, as well as performance and risk planning and monitoring, are necessary to fully enable program and internal service delivery; therefore, we must ensure that agile and relevant processes and tools are in place to support our collective effort. In addition, you are accountable for your respective CBSA renewal initiatives and for ensuring that program execution and delivery is aligned to targeted transformation results in continuous cooperation and stewardship with the Chief Transformation Officer and Agency governance. During and after transition, the VPs of all three business lines are responsible for providing clear strategic direction and functional guidance, including tools and standardized models, approaches, systems, and processes for program management; and for celebrating successes while quickly addressing any non-performing activities.

Leadership

We expect you to work collaboratively with your colleagues in the best interests of the Agency for the long term. We expect that all functional authorities will work horizontally on core business program and internal services management and delivery to produce aggregate business results for the Agency. Regarding Agency internal services and functions, the accountability for functional direction and delivery resides with their respective designated functional authorities in collaboration with you. In addition, we expect that all functional authorities will work horizontally with the VP, Strategic Policy Branch, who is responsible for establishing the strategic policy agenda, all Memoranda to Cabinet and legislative initiatives. As functional authority, you are expected to advance these priorities and to ensure that the strategic direction as well as Government of Canada and central agency requirements are reflected in the program/operational policy instruments and implementation. The CBSA's new governance arrangements have been established to enable the functional management of our business and monitor key results and outcomes. The Agency Operations Committee will govern and support this new model.

Key Priorities and Results

We expect you to establish strong, transparent, and effective governance within your new branch, with clear roles, responsibilities, and accountabilities, in order to:

  1. deliver against expected results under the Departmental Results Framework by aligning resources and translating expectations, objectives, and strategic intent into clear and achievable plans;
  2. transition your branch towards an organizational model that supports your specific accountabilities by clearly defining, articulating, and supporting the Inland Enforcement, Criminal Investigation, Intelligence and Targeting Programs;
  3. work with your VP colleagues, but specifically the Strategic Policy, Commercial and Trade, and Travellers branches, to develop, support, and sustain a collaborative, innovative, and transparent delivery and transformation agenda with Regional Directors General, most specifically through the 2019-2020 Contingency Plan and associated policy and/or deterrence measures;
  4. support overall sustainability, modernization, and transformation goals through clear and demonstrated ownership of Gate-I and Gate-II processes to achieve success on specific key initiatives and by taking ownership of your projects;
  5. establish a functional management model in your branch comprising an integrated approach that is well aligned with the other two business lines and that brings headquarters and regions together into a 'one-team' approach without replicating existing functions established for that purpose; and
  6. create a unified Agency culture where trust, respect for diversity, authentic communication, and meaningful collaboration are evident at all times, through your own example, and through the behaviour that you encourage and reward.

We expect you to carry out your functional authorities as the VP, I&EB, to the highest standards in accordance with the values and ethics of the Public Service of Canada, with probity, and through close collaboration, and constructive and open dialogue with colleagues and stakeholders. In addition, we expect you to identify ways to find innovative solutions to bring the Agency towards the Border of the Future and achieve the outcomes identified with our renewal vision.

We expect regular reports on your progress toward fulfilling identified commitments and we look forward to helping you to develop effective measures that assess the impact of your business line. The identified commitments recorded in your Performance Management Agreement should be reviewed and updated on an annual basis against this mandate letter.

We know we can count on you to fulfill all of the important responsibilities entrusted to you. In turn, please know that you can count on us to support you every day in your role as VP.

Yours sincerely,

John Ossowski
President, CBSA

Tina Namiesniowski
Executive Vice-President, CBSA

Vice-President's Office

VPO Intelligence and Enforcement Branch
Name Role Work Phone
Jacques Cloutier Vice-President 948-9694
Robyn Quinn Chief of Staff 948-4121
Samantha Conroy Executive Assistant 954-8137
Lara Clairoux Strategic Advisor 954-7516
Thioro Diabong Administrative Assistant 952-2605

Directorates

Enforcement and Intelligence Operations Directorate (EIOD)

A/DG: Aiesha Zafar

Enforcement and Intelligence Programs Directorate (EIPD)

A/DG Brett Bush (until end of August)

National Border Operations Centre (NBOC)

DG: Paul Porrior

Transformation, Planning and Coordination Division (TPCD)

DG: Carl Desmarais

Responsibilities

Supporting and facilitating modernization initiatives in the traveller, commercial, and enforcement streams by allowing for a sound evaluation of risks in order for them to be mitigated, reduced, or accepted;

Protecting Canadians, Canada's economy, national security, public safety, and the environment from identified and evolving threats by conducting targeting activities for people, goods and conveyances in all modes, thus increasing Canada's ability to detect and interdict high-risk people and goods at the earliest point in the travel and trade continuum;

Committed to the mental health and training support of the branch by leading an innovative and talented I&E workforce that is engaged, inclusive, resilient, and enabled by technology;

Identifying, locating and removing people who are inadmissible to Canada, including those involved in terrorism, organized crime, war crimes or crimes against humanity, and ensuring a safe, secure and humane immigration detention system;

Screening temporary and permanent residence applicants as well as refugee claimants for involvement in organized crime, crimes against humanity and genocide, and terrorism, espionage and subversion;

Detaining those people who may pose a threat to Canada;

Supporting the interdiction of illegal goods entering or leaving the country;

Modernizing policies, programs, regulations and procedures and providing training that improves admissibility determinations;

Developing strong partnerships with internal, external, regional and international partners on enforcement initiatives, information, intelligence, tools/technology, tradecraft, and training;

Providing timely and expert advice and guidance to regional operations on matters that involve both persons and goods, including Canada’s food, plant and animal (FPA) legislation;

Collecting, analyzing, producing and disseminating strategic risk assessments, operational and tactical intelligence and enforcement briefings, as well as products and services, including reports;

Providing guidance to Immigration, Refugees and Citizenship Canada offices (both domestically and internationally) and CBSA enforcement offices by developing assessments and recommendations on security screening referrals. Providing data analytics for areas within the Agency and partners.

Investigating and arresting foreign nationals and permanent residents already in Canada who are or may be inadmissible to Canada as defined by the Immigration and Refugee Protection Act (IRPA).

Investigating and pursuing the prosecution of travellers, importers, exporters and/or other persons, citizens and non-citizens, who violate Canada's border-related legislation;

Mandate

The primary objective of IEB is to support the Agency in identifying border-related threats as early as possible and with the lightest possible touch. If and when identified and located within Canada, ensure that those threat actors face enforcement consequences that are commensurate with the severity of the infraction(s) they committed.

Vision

Guided by compassion, civility and a true spirit of collaboration, the IEB is an innovative, intelligence-informed, responsible organization recognized for its service excellence.

Program Areas

Intelligence: in support of timely threat identification, admissibility determination and other law enforcement activities, collects, analyzes and disseminates actionable intelligence concerning people, goods, shipments or conveyances bound for or leaving Canada.

Targeting: through a deductive reasoning process utilizing advance information, technology and intelligence products, identify suspect high-risk people, goods and conveyances, identify and interdict high-risk people and goods and the earliest point in the travel and trade continuum, in all modes including air, marine, highway and rail.

Security Screening: provides advice and recommendations to decision-makers (IRCC or CBSA) on the admissibility (i.e. security, human rights violations and organized criminality) of foreign nationals, permanent resident or refugees seeking to enter or remain in Canada.

Immigration Investigations: investigates and arrests foreign nationals and permanent residents already in Canada who are or may be inadmissible to Canada as defined by the Immigration and Refugee Protection Act (IRPA).

Hearings: ensures that the GoC's (i.e. IRCC and CBSA) interests are represented at immigration proceedings before the Immigration and Refugee Board (IRB) which makes refugee determinations, determines the inadmissibility of foreign nationals and permanent residents and conducts reviews for persons who are detained for immigration reasons.

Detentions: detains and/or monitors the conditions of release of foreign nationals or permanent residents where an individual may be suspected of a serious inadmissibility or the individual may be a danger to the public, pose a flight risk or their identity needs to be determined whether at a point of entry or inland.

Removals: removes foreign nationals who are no longer authorized to stay in Canada.

Criminal Investigations: investigates and pursues the prosecution of travellers, importers, exporters and/or other persons, citizens and non-citizens, who violate Canada's border-related legislation.

Branch Priorities

Enhance the Functional Management Model:

Build a healthy, inclusive, engaged and productive workforce:

Protect the integrity of the refugee determination system and advance the implementation of the National Immigration Detention Framework:

Deliver focused and risk-based border management and enforcement results:

Asylum Seekers: Fact Sheet

Refugee Claims
Services Current year 2018 Current year to date 2019 May 2019
Land 20,827 5,789 770
Air 6,967 2,456 315
Marine 22 4 2
Inland 1,827 299 41
CBSA Total 29,643 8,548 1,128
IRCC and CBSA 55,277 19,698 2,403
Between the port asylum seekers
Provinces Current year 2018 Current year to date 2019 May 2019
Quebec 18,518 4,410 566
Manitoba 410 39 9
Alberta 12 2 0
British Columbia 479 86 17
National 19,419 4,537 592

Notes:

2019 Top 10 source countries
Citizenship Number and percentage of Intercepts US NIV NIV issued < 180 Days Entered US > 30 days Entered US < 1 Year ago QC MB BC
Nigeria 843 18% 796 8% 34% 42% 839 0
Colombia 461 10% 443 43% 82% 4% 456 0
Pakistan 243 5% 210 32% 56% 20% 237 0
Sudan 241 5% 229 73% 77% 9% 241 0
United States of America 240 5% 26 4% 19% 55% 236 0
Angola 232 5% 178 49% 67% 16% 232 0
Congo, Democratic Republic of 185 4% 79 56% 36% 22% 185 0
Turkey 128 3% 110 38% 74% 1% 124 0
Venezuela 126 3% 119 1% 51% 15% 124 2
Burundi 97 2% 92 80% 79% 16% 97 0
Removal inventory
Removals and claimants 2017 to 2018 2018 to 2019 2019 to 2020
Total Removals 8,082 9,539 1,089
Failed Claimants 3,952 4,554 579
Irregular Claimants 137 434 47
Working Inventory 14,363 16,094 15,207

Notes:

Fiscal year 2018 to 2019
Inadmissible All Refugees Irregular Arrivals
Criminality 24 2
Organized Crime 3 0
Human Rights 0 0
Security 0 0
Total 27 2
Fiscal year 2019 to 2020
Inadmissible All Refugees Irregular Arrivals
Criminality 3 0
Organized Crime 1 0
Human Rights 0 0
Security 0 0
Total 4 0
Fiscal year 2018 to 2019
Detentions All Detentions Irregular Arrivals
Criminality 46 5
Danger to Public 70 8
Danger/Appear 493 5
Identity 440 229
Will Not Appear 7,475 104
Total 8,781 395

Notes: Inadmissible data excludes non-compliance and misrepresentation.

Fiscal year 2019 to 2020 (as of May 16, 2019)
Detentions All Detentions Irregular Arrivals
Criminality 7 1
Danger to Public 13 0
Danger/Appear 117 4
Identity 90 44
Will Not Appear 1,351 12
Total 1,616 64

Notes: Includes Suspected of serious crime or crime or Suspected of organized crime. Please note not all grounds are listed but total includes all detainees

Interceptions and Refugee Claims from recent Visa-Exempt Countries
Country (Since dd-mm-yyy) IR Intercepts Refugee Claims Total IR Suspected Fraud Intercepts (Up to May 5, 2019)
Mexico (Since 01-12-2016) 2,727 6,671 3,571
Romania (Since 01-12-2017) 401 1,782 2287
Bulgaria (Since 01-12-2017) 75 95 80

Notes: [redacted]

International Operations

Suspected Fraud Interceptions:

Notes: Mexico, India, Romania, Iran, and Nigeria are the top 5 nationalities intercepted for suspected fraud by IR in 2019 CYTD.

Temporary surge capacity 2017 to 2019
Current year 2017 Current year to date 2018 Current year to date 2019
BSOs/IEOs 393 612 187
Clerical 89 60 0
Total 482 672 187

Notes: The Agency has developed a Resources Strategy in order to ensure plans are in place in order to meet increasing volumes:

Financial information 2017 to 2019
Financial 2017 to 2018 2018 to 2019 Forecast 2018 to 2019 Expenditures
Salary $18.43 M $11.33 M $18.858 M
Non-Salary $19.59 M $26.76 M $25.910 M
Total expenditures $38.01 M $38.09 M $44.768 M

Contingency Planning and Lacolle capacity

CBSA’s current processing capacity at Lacolle is between 75 to 100 claimants per day. The claimants are adjourned to the UPC (60% of the claims) and to IRCC (40% of the claims). Both sites have the processing capacity consequently

The current temporary accommodations capacity at Lacolle is 650 (CBSA - 250 beds in the winterized trailer and 200 beds in tents (camp 1), IRCC 200 beds at the Auberge) – all humanitarian, security, food/water and rental contracts have been extended.

Key Risks, Mitigation Strategies

Information Technology

Challenges with funding, resources and IT infrastructure and systems may prevent the achievement of objectives.

Related Improvement Activity (if applicable)

Targeting:

Security Screening:

Immigration Enforcement:

Data Integrity

There are gaps and inefficiencies in the collection, retention, integration and extraction of data which may result in the program’s inability to fulfill its objectives. The quality and timeliness and provisions of the data submitted by stakeholders fail to improve.

Related improvement activity (if applicable)

Targeting:

Removals:

Security Screening:

Human Resources – Training and Retention

The Agency may be unable to sufficiently hire, train and retain a workforce with the right skills and experience to support and deliver the programs.

The programs may not be able to properly recruit and train a sufficient workforce to meet the increasing demand for its services

Related Improvement Activity (if applicable)

Targeting:

Security Screening:

Intelligence:

Detention:

Hearings:

Reliance on foreign governments

Recalcitrant foreign governments may continue to present removal challenges.

Related improvement activity (if applicable)

Removals:

Key performance indicators and targets

Key performance indicators and targets
Departmental Results Departmental Result Indicators Target Date to achieve target 2015–16 actual results 2016–17 actual results 2017–18 actual results
Intelligence, threat and risk assessment activities support CBSA programs in the identification and interception of high-risk people, goods, and conveyances that pose a threat to the security of Canadians Percentage of threats identified that lead to an enforcement action or inadmissibility recommendation 18% (min) March 2020 10.4% 4% 3%
Ratio of the value of intelligence-led seizures to the value of non-intelligence led seizures 20:1 (min) March 2020 15:1 110:1 35:1
Immigration investigations identify persons inadmissible to Canada Percentage of immigration investigations concluded that result in a person being identified as inadmissible to Canada 55% (min) March 2020 60% 56% 55%
CBSA detention decisions are risk-based and detention is used as a measure of last resort Percentage of persons subject to detention for immigration purposes enrolled into alternative to detention programs 10% (min) March 2020 Not applicable Not applicable Not applicable
CBSA admissibility recommendations and appeals are upheld at the Immigration and Refugee Board of Canada Percentage of inadmissibility referrals and appeals made to the Immigration and Refugee Board that result in an inadmissibility or ineligibility determination 70% (min) March 2020 Not applicable Not applicable Not applicable
Percentage of Ministerial interventions (at the Refugee Protection Division and the Refugee Appeals Division) and appeals that result in a negative refugee determination 70% (min) March 2020 Not applicable Not applicable Not applicable
Inadmissible persons subject to removal depart from Canada (i.e., escorted or unescorted) Number of persons subject to removal who voluntarily comply with their departure order 1,000 (min) March 2020 Not applicable Not applicable Not applicable
Percentage of high priority foreign nationals removed (i.e., on grounds of serious inadmissibility such as criminality, war crimes, security) 80% (max) March 2020 83% 79% 69%
Median number of days to enforce a removal order from Canada 365 days (max) March 2020 Not applicable Not applicable Not applicable
People and businesses that are referred to Crown counsel for prosecution are convicted Percentage of prosecutions concluded that result in a conviction 80% (min) March 2020 95% 86% 84%
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