Ministerial transition 2021: Transition binder—Key programs

Travellers

Traveller Modernization

Traveller Modernization is a major, multi-year CBSA initiative that will transform how low-risk travellers are processed when entering Canada. The CBSA received funding of $857 million over 5 years, on a cash basis ($656.1 million was announced in Budget 2021 on an accruals basis) with $123.8 million ongoing to sustain and modernize the operations of the Agency. The funding was approved as a total amount, for the Agency to propose allocations across its: modernization initiatives (Travellers and Commercial); sustainability proposals; and to support three Canadian preclearance pilots in the United States, that would enable customs and immigration inspections to be completed before goods and travellers enter Canada.

A portion of that Budget 2021 funding will allow the CBSA to:

• respond to immediate travel concerns (such as border wait times and expected growth in travel volumes)
• address long-standing operational challenges (like changes in traveller volumes and demand)
• position the Agency to better respond to new drivers such as COVID-19, while facilitating safe, modern and efficient travel

The need for Traveller Modernization is a result of the unsustainability of the CBSA's current operating models and resource levels. Before COVID-19, Canada was struggling to manage the growing number of travellers using traditional manual (high-touch) processes, outdated technology and infrastructure, and limitations due to legislative authorities. Creating a streamlined process for low-risk travellers will allow the CBSA to redeploy its human resources to higher value tasks. [Redacted]. Processing decisions will be informed by relevant data and structured to support all entry requirements.

[Redacted]

Many Canadians and international travellers are familiar with the biometric technology that Canada and other countries already have in place, having already used kiosks to verify their identity at international airports. Aside from traveller facilitation, the CBSA also uses biometric technology in immigration facilitation activities, asylum processing, immigration enforcement, and investigations and forensics. Traveller Modernization will allow the CBSA to expand on these successes.

Traveller Modernization represents an opportunity for the CBSA to align Canada's border processes with initiatives led by other government departments, industries, and international partners. To that end, external consultations will take place throughout this process to inform planning and implementation activities.

Travel and tourism stakeholders – widely known to have been severely affected by COVID-19 – are expected to react positively to the Traveller Modernization initiative. It's also expected that touchless and automated technology will be generally supported by the travelling public (especially frequent travellers who are wary of COVID-19 transmission).

The Agency is developing a suite of legislative and regulatory amendments that will create a foundation for the Traveller Modernization initiative. Planning activities that are supported by a dedicated governance structure are also underway for each delivery phase to ensure this project stays on time and on budget.

[Redacted]

Trusted Traveller Programs

The CBSA's Trusted Traveller Programs facilitate the clearance of low-risk, pre-approved travellers into Canada, allowing the CBSA to increase the efficiency of border processing by identifying and focusing on travellers of "unknown" or "higher" risk. Trusted Traveller Programs are membership-based and require applicants to meet specific eligibility criteria. Membership may be denied or revoked for failure to meet eligibility requirements, including compliance with criminal, customs and immigration legislation or related laws enforced and administered by the CBSA.

NEXUS

NEXUS is a bilateral program, jointly administered by Canada and the United States. NEXUS members can enter either country at designated ports of entry (POEs) by using facial verification kiosks in airports, dedicated lanes at land border crossings, and by calling the Telephone Reporting Centre (TRC) if travelling by boat. In Canada, NEXUS services are available at 21 land POEs as well as 9 international airports. In addition to meeting CBSA eligibility requirements, individuals must be deemed eligible by U.S. Customs and Border Protection (CBP). Mexican nationals who are members of Mexico's trusted traveller program are also eligible for NEXUS membership. The application fee is $50 USD and membership is valid for 5 years. NEXUS is by far the most popular trusted program with roughly 1.7 million members in 2020 to 2021.

In 2020 to 2021, the CBSA continued the NEXUS modernization initiative by leveraging facial biometric technology and deploying new devices for traveller verification at 9 NEXUS airports. This helps the NEXUS program better align with global trends and simplifies the reporting process for trusted travellers in the air mode.

FAST

The Free and Secure Trade (FAST) program is a bilateral commercial clearance initiative administered by Canada and the U.S. designed to expedite secure trade across the Canada-U.S. border. Members benefit from dedicated lanes at major land border crossings and a streamlined clearance process requiring minimal documentation. In order for drivers to use FAST lanes, both the carrier and importer must be recognized by the CBSA through its trusted trader program. As with NEXUS, drivers must also be deemed eligible by U.S. CBP. The application fee is $50 USD and membership is valid for 5 years. In 2020 to 2021, there were 46,113 members.

NEXUS/FAST enrolments

Applications for NEXUS and FAST are processed through an online portal managed by U.S. CBP. Applicants who pass the initial security checks attend a joint Canada–U.S. interview at a NEXUS/FAST enrolment centre and have their photograph and fingerprints taken.

Enrolment centres have been closed since March 2020 in response to the COVID-19 pandemic. As a result, there are approximately 250,000 NEXUS and 10,000 FAST applicants waiting to schedule an interview to finalize their membership. The CBSA is working with U.S. CBP to reopen the enrolment centres, while being mindful of the state of the COVID-19 pandemic in both countries and of the related border restrictions.

CANPASS

CANPASS Corporate Aircraft and CANPASS Private Aircraft allow flights of up to 15 members arriving directly from the U.S. to access additional airports without an on-site CBSA presence and receive expedited clearance. These programs allow members to report to the CBSA before arriving in Canada by calling the TRC. The application fee for both programs is $40 CAD and membership is valid for 5 years. In 2018 to 2019, there were 1,899 Corporate Aircraft members and 8,827 Private Aircraft members.

CDRP

The Commercial Driver Registration Program (CDRP) is a domestic program designed to expedite the clearance of commercial goods from the U.S. into Canada. Members are granted access to dedicated FAST lanes when entering Canada. There is no application fee for CDRP and membership is valid for 4 years. In 2018 to 2019, there were 1,613 CDRP members.

PPTRA-Q

The Pilot Project for Travellers in Remote Areas – Quebec (PPTRA-Q) provides access to 5 Canada-U.S. POEs in the Beauce-Kamouraska Region of Quebec during specified hours of operation when no officer is on-site. The pilot project is intended for travellers and commercial drivers carrying only logs and wood shavings. The application fee for PPTRA-Q is $50 CAD and membership is valid for 2 years. In 2020 to 2021, there were 968 members.

RABC

The Remote Area Border Crossing (RABC) program allows permit holders and their registered dependents to cross remote sections of the Manitoba-Minnesota and Ontario-Minnesota borders without reporting to the CBSA, unless importing goods that require processing. The program is intended for remote cottagers and wilderness tourists. The application fee for primary permit holders is $30 CAD, and permits are valid for one year. In 2019 to 2020, there were 10,959 members.In response to the COVID-19 pandemic, RABC has been suspended since May 2020.

Advanced Passenger Information / Passenger Name Record

The CBSA requires that all commercial air carriers provide Advance Passenger Information (API) and Passenger Name Record (PNR) data relating to all passengers onboard Canada-bound commercial aircraft. To ensure the continued transfer of PNR data to Canada from European Union (EU) based carriers, a treaty-level Canada-EU PNR Agreement is under renegotiation.

API data is basic information about passengers and crew members that is used to identify persons of known risk. It includes the name, date of birth, gender, citizenship, and travel document data (for example, passport number) of individuals seeking entry into Canada. This information is available from the machine-readable zone of a passport. Commercial airlines collect additional API data when travellers check in, including a unique passenger reference number or crew member identification. API data also includes flight information such as the flight number, and arrival and departure times, and is automatically queried against enforcement and intelligence databases to screen large volumes of travellers.

API is provided to the CBSA prior to take-off and is also used in an Interactive Advance Passenger Information (IAPI) process. IAPI enables the CBSA to provide a board/no-board message to commercial air carriers to assist them in determining whether or not to proceed with boarding a passenger. While this process helps to identify whether a traveller has the appropriate travel document to enter Canada, all travellers must still present themselves to a Border Services Officer and present the appropriate travel documents upon arrival.

PNR data is collected from the departure control and reservation systems of commercial airlines and is provided to border control agencies prior to a traveller's arrival. The information contained within a PNR varies from airline to airline as the data is limited to what is required for their business purposes. It may include a traveller's itinerary, ticketing, and baggage information. This data is used as a major component of the CBSA's pre-arrival risk assessment and national security activities. The CBSA's National Targeting Centre relies on PNR data to develop and refine scenarios that are used to identify and intercept previously unknown individuals involved in terrorism and serious transnational crime.

In addition to its importance for Canada's national security, PNR, in conjunction with API, plays a significant role in the broader North American security perimeter. Significant changes to Canada's API/PNR framework may also impact the United States and Mexico.

Canada-EU PNR Agreement

To ensure adequate privacy protection for individuals, the EU requires an "adequacy decision" to provide a legal basis for the lawful transfer of PNR data from commercial air carriers operating in the EU to another state. Canada was previously covered by an adequacy decision through its 2006 API/PNR Agreement with the EU; however, this Agreement expired in 2009. Canada worked closely with the European Commission (EC) to conclude a new PNR Agreement in the intervening years, and reached a draft Agreement in 2014. This Agreement was referred to the Court of Justice of the European Union (CJEU) for review.

In July 2017, the CJEU found that the draft Agreement was incompatible with EU privacy law and that a renegotiated agreement would be required. [Redacted]

Travellers Preclearance

Preclearance is a border management program designed to enhance border security, improve the cross-border flow of legitimate travellers and goods, and allow for border infrastructure to be used more efficiently.

Preclearance allows border officers from an inspecting country to carry out customs and immigration examinations in the host country before allowing the movement of people and goods across the border. As Canada and the United States (U.S.) have some of the highest levels of cross-border trade and travel in the world, preclearance improves and expedites the flow of legitimate trade and travel while continuing to ensure border security and integrity.

Preclearance is governed by the Preclearance Act, 2016 (PCA 2016) and the Agreement on Land, Rail, Marine, and Air Transport Preclearance between the Government of Canada and the Government of the United States of America (the LRMA), which were brought into force concurrently in 2019. The PCA 2016 and the LRMA allow preclearance to be expanded from the air mode to the land, rail and marine modes and allow Canada to implement preclearance operations in the U.S. in both the traveller and commercial streams.

Public Safety Canada is responsible for overall preclearance and manages U.S. preclearance in Canada in consultation with the CBSA and other preclearance partners such as Global Affairs Canada, Transport Canada, the Canadian Food Inspection Agency, and the RCMP. The CBSA is responsible for Canadian preclearance in the U.S. and manages the implementation of the upcoming Canadian preclearance pilots in the U.S. in consultation with Public Safety Canada and other government partners.

The U.S. has conducted preclearance in Canada in the air mode since 1952. They currently conduct preclearance operations at 8 Canadian airports: Halifax, Montreal, Ottawa, Toronto, Winnipeg, Edmonton, Calgary, and Vancouver. They have also conducted pre-inspection^{Footnote 1} at 5 sites in British Columbia for many years, but with the ratification of the PCA 2016 and the LRMA, those pre-inspection sites will convert to full preclearance in the near future.

As the host country, Canada is obligated to provide training to U.S. officers on Canadian law pertaining to preclearance prior to officers arriving in Canada, or if that is not practicable, within 60 days of deployment. The preclearance training plan is designed to ensure that all preclearance officers are properly trained to exercise their authorities as they conduct preclearance operations in Canada. The CBSA also provides preclearance training to CBSA officers who work in locations with U.S. preclearance operations so that they are aware of U.S. officer authorities and obligations as well as their own under the PCA 2016.

Canadian Preclearance in the U.S.

Canada does not currently have any preclearance operations in the U.S.; however, discussions to support the implementation of a pilot proof of concept in the land mode are underway. [Redacted]

The Government of Canada reaffirmed its support for traveller preclearance in Budget 2021: A Recovery Plan for Jobs, Growth, and Resilience. To date, the work for this pilot has consisted of engagement and consultation with key stakeholders, undertaking regulatory amendments, and laying the groundwork for key infrastructure components. The current target for the implementation of the land pilot in the U.S. is the first quarter of fiscal year 2023 to 2024. To reach this implementation date, increased engagement with the U.S. is being sought.

[Redacted]

In anticipation of positive pilot outcomes, the CBSA has developed a framework to assess potential preclearance sites in the U.S. using selected criteria, namely traffic and commercial volumes, infrastructure, national security considerations, and cost. For any Canadian preclearance operation, there must be formal Cabinet approval and associated budgetary funds to complement the work and concurrence from the host party.

Commercial and Trade

[Redacted]

Cargo Preclearance

The CBSA is developing two cargo preclearance proofs of concept (POCs) in the air courier and rail modes in the United States (U.S.), under the authorities of the Agreement on Land, Rail, Marine and Air Transport Preclearance between the Government of Canada and the Government of the United States of America and the Preclearance Act, 2016. These POCs will see CBSA officers located at strategic locations on U.S. soil to conduct customs processing of commercial goods destined for Canada. In collaboration with key stakeholders, including industry and the U.S. Customs and Border Protection (CBP), the CBSA continues to refine policies and finalize operational elements for both POCs.

At this time, POC participants and proposed locations have not been publically announced, and negotiations have not been finalized. Implementation of these POCs remains dependent on the stabilization of the pandemic; however, with funding announced in Budget 2021 and re-engagement with stakeholders, progress continues. The CBSA is currently targeting 2023 for initial implementation (deployment of officers to the U.S.).

Cargo preclearance operations at key locations in the U.S. will test operating procedures, infrastructure, and logistics, while also assessing the impacts and benefits to stakeholders and the CBSA in a real-world context. Outcomes from the POCs will inform a strategic expansion plan for future, permanent preclearance operations in the U.S., while supporting the Government of Canada's commitment to facilitate trade and enhance security. Cargo preclearance represents a transformative opportunity to implement innovative and cost-effective methods to increase the efficiency and security of the Canada-U.S. border. It aims to expedite service by allowing the CBSA to make release/referral decisions on foreign soil resulting in improved predictability, time savings, and less disruptions for industry.

The viability of cargo preclearance at strategic hub locations has been explored in consultation with internal areas of the CBSA, government partners, and impacted external stakeholders. Stakeholders recognize that cargo preclearance operations may provide a variety of benefits, including an ability to expedite the movement of goods in the trade chain continuum, while maintaining a high level of safety and security. Amid the pandemic, stakeholder engagement with U.S. and industry POC participants has been positive, with continued support and commitment to supporting the CBSA's efforts to implement cargo preclearance operations.

CBSA Assessment and Revenue Management (CARM) Project

The CARM project is a multi-year initiative that will modernize and transform the Agency's commercial revenue management systems and processes used to process the billions of dollars in trade that flows across the border annually. CARM fundamentally allows the CBSA to re-imagine and redefine Canada's relationship with brokers, importers, and carriers while augmenting the Agency's data rich ecosystems and use of data analytics. The project will position the CBSA to become a global leader in trade by providing a modern customs experience that is paperless by default, uses innovative tools and processes to make importing into Canada more efficient and streamlined, and ensures the security of Canada's borders.

CARM aims to: reduce administrative burdens for importers and other trade chain partners; increase Government of Canada revenues through the consistent assessment of duties and tax; and increase the CBSA's processing efficiency at the pre-arrival, accounting, and post-accounting phases of commercial goods importation. Together, these outcomes offer a net benefit over $1 billion within ten years of implementation.

CARM is being deployed in three releases of increasing complexity and scope:

• Release 0 (deployed January 2021) set the foundation for CARM by deploying our Accounts Receivable Ledger solution into the Cloud and enhancing performance of many of the transactions/reports
• Release 1 (deployed May 2021) included the first stakeholder-focused changes: the introduction of the external CARM Client Portal for importers and customs brokers, and the internal user portal for CBSA employees
• Release 2 ([Redacted] scheduled to be deployed in May 2022) will implement all remaining CARM functionality and enable the realization of the vast majority of CARM's benefits

[Redacted]

Once fully implemented, the project will simplify the overall importing process and provide a modern interface for importing into Canada, which allows importers self-service access to their own information. This project will also reduce the cost of importing into Canada and increase the rigour of the system through improved consistency in trade rules and decisions, and strengthened compliance verification and fraud detection.

Anti-dumping and Countervailing Measures

In order to help protect Canadian industries from material injury caused by the dumping and subsidizing of imported goods, legislation was enacted. The Special Import Measures Act (SIMA) reflects Canada's implementation of the World Trade Organization's (WTO) Agreement on the Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (the Anti-Dumping Agreement) and the Agreement on Subsidies and Countervailing Measures.

Dumping occurs when goods are sold to importers in Canada at prices that are lower than the selling price of comparable goods in the country of export, or when goods are sold in Canada at unprofitable prices with which the Canadian domestic industry cannot compete. The amount of dumping on imported goods may be offset by the application of "anti-dumping" duty.

Subsidizing occurs when goods imported into Canada benefit from foreign government financial assistance. Some examples of subsidies include tax incentives, grants or loans at preferential rates. The amount of subsidizing on imported goods may be offset by the application of "countervailing" duty.

The CBSA, specifically the Anti-dumping and Countervailing program, alongside the Canadian International Trade Tribunal (CITT) are jointly responsible for administering the SIMA.

The program conducts investigations into alleged dumping and countervailing, as well as monitors imports of goods subject to SIMA duties to ensure full compliance with the law. Where it is determined imports are being dumped and/or subsidized, duties are assessed to offset the price advantage caused by the dumping or subsidizing, providing Canadian industry an opportunity to compete fairly with the imported goods.

The SIMA provides measures to address situations where an investigation is initiated on goods produced or exported from a country where domestic prices are determined by the government, and there is sufficient reason to believe that they are not substantially the same as they would be if they were determined in a competitive market.

In such cases, a different methodology will be used to determine the normal values of the goods originating in or exported from that country. As prescribed in SIMA, this may involve the determination of "normal values" using prices and costs of like goods in a third country (for example, a "surrogate" country), or a determination made on the best information available.

A Canadian producer, or association of producers, of goods that are identical or similar to the competing imports can file a written complaint with the CBSA if it suspects that the imported goods are being dumped or subsidized and are causing injury to Canadian industry. The CBSA will evaluate the complaint and may start a formal investigation to determine whether the goods imported into Canada are dumped or subsidized.

If the CBSA determines that an investigation should be started, the Agency will begin collecting detailed information from exporters, importers, and, in subsidy investigations, the foreign government involved.

Following the decision to start an investigation, the CBSA sends a copy of the complaint to the CITT. The CITT, independent from the CBSA, assumes the responsibility for the question of injury to the Canadian industry and conducts an inquiry into this question.

The process takes approximately seven months from when the CBSA starts an investigation until the CITT makes a final decision on the injury matter. The CBSA's investigation and the CITT's inquiry are conducted separately but both are carried out during the same time period.

A positive injury decision by the CITT provides the authority for the CBSA to impose anti-dumping or countervailing duties on dumped or subsidized imports. These duties are generally imposed for a period of at least 5 years. The duties offset the price advantage caused by dumping or subsidizing and give Canadian industry an opportunity to compete fairly with the imported goods.

The CBSA communicates SIMA requirements to stakeholders and conducts an online questionnaire of stakeholder satisfaction of the information provided to them, as well as responds to stakeholder inquiries. Through exchanges with other government departments, foreign governments and stakeholders, the CBSA continues to provide technical support and advice on anti-dumping and countervailing measures and procedures.

The CBSA provides a semi-annual report to the WTO with data on anti-dumping and countervailing activities, and continues to address feedback from stakeholders.

Supply-Managed Goods

Supply management is the Government of Canada's commitment to the farmers of Canada to protect their respective agriculture industry. In recent years, issues have been identified with respect to agricultural Supply-Managed Goods (SMGs) (dairy, poultry and eggs). If not addressed, the issues could undermine Canada's supply management regime and hinder the ability to provide farmers with a stable economic environment.

Canada's supply management system is designed to manage supply and demand in the agriculture sector while providing farmers with a fair return on investment. In administering the Customs Tariff Act, the CBSA collects the duties and taxes owing to the Crown and ensures that the appropriate permits are submitted with importations where required. This is generally not done at the border, but is managed through post-entry verification and trade compliance programs.

A tariff rate quota (TRQ) establishes a limit on the quantity of a product that may be imported at a lower (within access) rate of duty, but places no limit on the amount of product that may be imported at a higher (over access) rate of duty. Currently, all imports of SMGs are at risk of being misclassified by an importer who does not have a valid import permit to allow the importation of the good at the lower "within access" rate of duty in order to avoid assessment at the higher "over access" rates of duty. SMG-based food tariff items that are subject to a TRQ are at risk of either deliberate misclassification (for example, chicken broiler meat misclassified as spent fowl), or tariff engineering to qualify for non-TRQ tariff provisions which do not require an import permit and which entail much lower rates of duty. Addressing these risks is of vital importance to ensure effective supply management and improve import compliance.

In addition, the Duties Relief Program (DRP) administered by the CBSA allows customs duties on imports to be waived on the condition that the imported product is subsequently exported under certain conditions. The DRP provides Canadian companies with a competitive edge internationally. However, there has been a significant increase in the volume of applications to the Program involving SMGs, resulting in loss of control and accountability of SMGs in the Canadian marketplace, an industry sector for which these programs were never specifically designed to provide relief. Domestic dairy and poultry producers have expressed concerns that the DRP does not provide adequate safeguards to address potential diversion of imports on the domestic market, thereby undermining Canada's supply management system.

Stakeholder forums provide the CBSA with access to information and market trends that impact SMGs. Canada's agricultural supply-managed goods industry, including the Chicken Farmers of Canada and the Dairy Farmers of Canada, have voiced longstanding concerns around the potential circumvention of Canada's supply management regime, and its potential to negatively impact farmers and processors.

Food, Plant and Animal Program

The CBSA is mandated to provide integrated border services that support national security and public safety and facilitate the free flow of people and goods, including food, animals and plants, that meet all requirements of program legislation.

The responsibility for performing CFIA-related inspections of food at airports and other Canadian border points was formally transferred from the CFIA to the CBSA in 2003. The CBSA's Food, Plant and Animal (FPA) Program was established to deliver this mandate.

The FPA Program also oversees border activities related to Environment and Climate Change Canada (ECCC)'s wildlife trade legislation, as well as Fisheries and Oceans Canada (DFO)'s aquatic invasive species and fish and seafood trade legislation.

Together, the CFIA, ECCC and DFO establish the laws and policies that govern the import and export of food, plants and animals entering and leaving Canada. The CBSA is responsible for administering and enforcing these laws and policies at the border.

The Agency's FPA Program's mission is to protect Canadians' health and Canada's food safety, the economy, the environment and the natural resource base by preventing inadmissible FPA products from being imported.

The FPA Program is responsible for the CBSA's sustainable development commitments related to invasive alien species, including aquatic invasive species.

Key partners and related roles

Canadian Food Inspection Agency (CFIA)

In 2005, the CBSA and the CFIA signed a memorandum of understanding (MOU) outlining their administrative and operational roles and responsibilities at the border with respect to the import, export and in-transit movement of food, plants, animals, and related products.

CBSA responsibilities under the MOU include:

• inspecting FPA items carried by travellers
• identifying regulated goods in the commercial stream, and inspecting and releasing certain low-risk commercial goods
• inspecting wood packaging
• inspecting goods potentially contaminated with soil
• inspecting live lower-risk animals
• monitoring the control and disposal of international waste
• issuing Agriculture and Agri-food Administrative Monetary Penalties to travellers who fail to declare or illegally import FPA items
• collecting fees for FPA inspections performed by CBSA officers

CBSA officers administer and enforce the following CFIA Acts and their regulations at the border:

• Agriculture and Agri-Food Administrative Monetary Penalties Act
• Feeds Act
• Fertilizers Act
• Health of Animals Act
• Plant Protection Act
• Safe Food for Canadians Act
• Seeds Act

Environment and Climate Change Canada (ECCC)

The CBSA assists ECCC by administering and enforcing the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (WAPPRIITA) at the border. This includes ensuring requirements under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) are met for food, plans and animals being imported and exported. It also includes preventing species designated as injurious to Canadian ecosystems from entering Canada. The CBSA assists ECCC with administering the Convention by enforcing controls at CBSA ports of entry for both traveller and commercial imports.

Goods suspected of non-compliance with CITES/WAPPRIITA are referred to ECCC wildlife enforcement officers for further action.

Fisheries and Oceans Canada (DFO)

The CBSA assists DFO with enforcing the Aquatic Invasive Species Regulations under the Fisheries Act and with prohibiting the import of shark fins under the Fisheries Act. The CBSA also facilitates requirements related to trade tracking import documents for DFO, as specified in the Coastal Fisheries Protection Act and the Coastal Fisheries Protection Regulations.

Intelligence and Enforcement

National Security Screening

The CBSA's National Security Screening (NSS) Program contributes to the safety and security of Canada by identifying foreign nationals seeking entry into Canada who represent a risk. In working with domestic and international partners, at home and through Canadian missions abroad, the CBSA helps to identify persons who may be inadmissible to Canada under the Immigration and Refugee Protection Act (IRPA) for a variety of reasons including, but not limited to: security violations under section 34 of the IRPA (espionage, subversion, terrorism, membership, acts of violence); human or international rights violations under section 35 of the IRPA (war crimes, crimes against humanity); and organized criminality under section 37 of the IRPA (organized criminal activity, transnational crime).

Under the NSS Program, the CBSA is responsible for screening temporary and permanent resident applicants, including refugees from abroad selected for resettlement by Immigration, Refugees and Citizenship Canada (IRCC). Security screening applications are referred to the CBSA on the basis of established indicators which are mutually agreed upon by security partners. The CBSA also conducts mandatory national security screening on all adult, in-Canada asylum claimants, whether the claim is received inland, at a port of entry or between the ports.

The national security screening process includes the collection and analysis of information from a variety of partners and sources, including open-source and classified systems, relating to a foreign national's admissibility to Canada.

In 2020 to 2021, working in partnership with IRCC and the Canadian Security Intelligence Service, the CBSA continued to implement processing efficiencies in the NSS Program to identify inadmissible persons seeking entry into Canada. Since 2015, the NSS Program has seen a significant increase in refugee claims, from 15% of all applications screened being refugee claims in 2015 to 2016 to 43% in 2019 to 2020, which is the last reference year before borders were closed due to COVID-19.

Immigration Detention

Immigration detention is governed by the Immigration and Refugee Protection Act (IRPA) and its regulations. When CBSA officers have reasonable grounds to believe that an individual is inadmissible to Canada and is either a danger to the public, a flight risk, or unable to provide valid and acceptable identification, the officer can exercise their legal authority to arrest and detain permanent residents of Canada or foreign nationals to complete further examination.

CBSA officers are guided in their duties by jurisprudence, internal policies, directives and guidelines. Canada's immigration detention program is based on the principle that detention shall be used only as a measure of last resort, in limited circumstances, such as where an individual is considered to be a danger to the public, a flight risk or where their identity has not been established, and only after appropriate alternatives to detention are considered and determined to be unsuitable or unavailable. Immigration detention is an administrative measure which is never intended to be punitive in nature. It is exercised to ensure the integrity of the immigration system and public safety.

Within Canada, a CBSA Inland Enforcement Officer may, in accordance with the IRPA, arrest and detain a permanent resident or foreign national, with or without a warrant, where there are reasonable grounds to believe that individual is inadmissible to Canada. At a port of entry (POE), a CBSA Border Services Officer may also detain and arrest an inadmissible permanent resident or foreign national, with or without a warrant, at the conclusion of the examination, and may detain the individual if it is considered necessary for the examination to be completed, or if there are reasonable grounds to suspect the individual is inadmissible on grounds of security, violating human or international rights, serious criminality, criminality or organized criminality.

In cases where a permanent resident or foreign national is detained, the Immigration and Refugee Board (IRB), an independent decision-maker authorized to review the legal grounds for maintaining the detention, will conduct a detention review within 48 hours of the initial detention or without delay afterwards, in order to review the reasons for continued detention. If detention is continued, further detention reviews will be conducted at least once during the next seven days and thereafter, at least once during each 30-day period. The Minister of Public Safety and Emergency Preparedness is represented during a detention review by a CBSA Hearings Officer; the client may be represented by legal or other counsel. If the client is under 18 years of age or unable, in the opinion of the IRB, to appreciate the nature of the proceedings, the IRB may designate a person to represent the client.

Before the first detention review by the IRB, CBSA officers may allow the individual's release from detention, with or without conditions the officer may consider necessary. The Alternatives to Detention program includes various options that officers may consider imposing upon release, but these are non-exhaustive. However, once the 48-hour detention review has started, the CBSA loses its authority to release a person from detention and may only make a recommendation to the IRB.

Prior to June 22, 2018, alternatives to detention consisted of releasing a permanent resident or foreign national with various terms and conditions including reporting conditions, release to a guarantor with a cash deposit or guarantee, and in the Greater Toronto Area (GTA), acceptance into a community supervision program. Since June 2018, the CBSA expanded its alternative to detention options, which now also includes: an expanded community case management and supervision program, national voice reporting and an electronic monitoring program which uses ankle bracelets in the Greater Toronto Area (GTA) and the Quebec regions. Since the launch of the expanded program, there have been over 21,500 instances of individuals using these alternatives. In 2020 to 2021, 66% of detainees were released on alternatives to detention.

The CBSA operates three immigration holding centres (IHCs) in Toronto (ON), Laval (QC), and Surrey (BC). While the CBSA tries to maximize its use of the IHCs for detained permanent residents and foreign nationals in regions where they are available, the Agency also has agreements with provincial correctional facilities (PCFs) for the use of their facilities and services where the risk cannot be managed in the IHC or where an IHC is not present in the region. In regions where there are no IHCs, detained permanent residents and foreign nationals who present higher risk profiles or who are public safety risks are housed in provincial facilities. The CBSA's national policy on detention oversight and governance requires that all decisions to place an individual in detention are reviewed by a delegated management representative. From April 1, 2019 to March 31, 2021, the number of individuals who were detained under IRPA in IHCs and PCFs were 7,064 and 1,932, respectively.

The CBSA has made significant crown investments in these IHCs, which included the replacement of the IHCs in in British Columbia and Quebec, and a retrofit of the existing IHC in Toronto. These investments have allowed the CBSA to reduce the use of provincial facilities, to provide additional medical and mental health care for detainees, and to reduce the number of minors in detention. Moving forward, the CBSA is committed to a nationally consistent, humane and equitable immigration detention program.

The CBSA is committed to addressing recommendations put forward in several reports and studies of its National Immigration Detention Program, including those put forward by Amnesty International, the Human Rights Watch, and the Canadian Red Cross, who monitor detention conditions. In particular, the CBSA is maintaining its efforts to limit the use of provincial correctional facilities, using a risk management framework to guide detention and release decisions, and ensuring an immigration detention system where persons are treated with compassion and dignity while upholding public safety.

Removals

The timely removal of individuals who have been found to be inadmissible to Canada under the Immigration and Refugee Protection Act (IRPA) plays a critical role in supporting Canada's immigration system and contributes to the Government of Canada's security and public safety priorities.

The IRPA specifies that individuals may be inadmissible for any of the following reasons: security; international human rights violations; criminality; organized crime; risk to the health of Canadians or excessive demand on health services; misrepresentation; inability to financially support themselves or their dependents; and non-compliance with the legislation (for example, overstaying the time permitted in Canada).

Under the IRPA, the CBSA is required to remove persons with an enforceable removal order (including failed refugee claimants) as soon as possible. In keeping with its mandate, the CBSA prioritizes removals of persons inadmissible to Canada on safety or security grounds, along with irregular arrivals and failed irregular arrival refugee claimants.

The CBSA has had an active removals program for many years; however, due to the influx of persons seeking refugee status in Canada, including irregular migrants, the Agency has faced pressure in this area in recent years. Approximately 70 percent of all impediments to removal are due to a lack of removal travel documents. Recalcitrant countries that impose restrictive administrative protocols or impede the issuance of necessary removal travel documents, and uncooperative clients, represent a significant challenge to the CBSA's ability to achieve its mandate.

Since 2016 to 2017, the CBSA has made significant strides to address the challenges that impede the timely and cost-effective removal of inadmissible foreign nationals, including:

• centralizing functional management of the program
• increasing systems interoperability with Immigration, Refugees and Citizenship Canada (IRCC) to obtain needed case results in a timely manner
• improving data integrity to better manage higher priority cases and cases in which the individual was ready for removal
• implementing a regulatory authority to administratively confirm removals of persons who departed Canada voluntarily without notifying the CBSA as required

This has resulted in an increase in the number of removals from 7,999 in 2016 to 2017 to 11,229 in 2020 to 2021.

Additionally, in response to the Auditor General of Canada's 2020 report on Immigration Removals, the Agency has implemented several specific programs to improve its overall number and timeliness of removals and to encompass greater voluntary removals incentives, improve data quality, and leverage technology and partnerships in support of more effective removals. These initiatives include:

• launching a Removals Help Line to assist the voluntary departure from Canada of persons subject to an enforceable removal order
• developing a new Assisted Voluntary Returns Pilot Project which will incentivize the compliance of in-force removal orders for targeted foreign nationals within the removal inventory who are difficult to return (implementation targeting fourth quarter of 2021 to 2022)
• developing a training program that will result in improved data integrity and subsequently support the identification of removal-ready cases as early as possible within the removal continuum (it is projected that as of September 30, 2021, approximately 350 Officer will have received data literacy training, and removal inventory impact assessment reports will be prepared for January 2022, May 2022, and September 2022)
• completing a comprehensive review of the immigration warrant inventory with a focus on administrative removals, while also developing an improved warrant management strategy to support removal operations going forward. This review enabled the identification of persons subject to an outstanding removal order, but who had left Canada without notifying the CBSA, and supported the closure of some of those cases for which sufficient evidence of their departure was present

Since its onset, the COVID-19 global pandemic has had a significant impact on the Agency's ability to conduct the timely removal of inadmissible foreign nationals. The limited availability of international air carriers, international entry/exit protocols, limited access to removal offices due to provincial medical health authorities, and the willingness of foreign nationals to comply with vaccination protocols needed to enable a removal, have impeded the CBSA removal program. In response to these challenges, the Agency continued to leverage its international like-minded partners in order to identify best practices and strategies that would enable international returns.

The CBSA also works collaboratively with IRCC and Global Affairs Canada to support a whole of government approach to address bilateral challenges presented by foreign governments. Internally, the Agency is working with its regions to develop business plans to address the removal backlog as COVID-19 recovery efforts progress.

The CBSA actively monitors global country conditions, and assesses how they impact the Agency's ability to fulfill its removal mandate. Pursuant to section R230(1) of the Immigration and Refugee Protection Regulations (IRPR), the Minister of Public Safety and Emergency Preparedness may impose a Temporary Stay of Removal with respect to a country or geographic region should circumstances in that country or region pose a generalized risk to the entire civilian population. This deemed risk may include armed conflict, environmental disaster resulting in a substantial temporary disruption of living conditions, or any humanitarian crisis that is temporary and generalized in nature. The delegated authorities governing the Administrative Deferral of Removal – temporary responsive tool applied when it is anticipated that country conditions impacting removals are temporary in nature – rests with the CBSA's Director General, Enforcement Directorate.

External Review of the CBSA: NSICOP and NSIRA

Since 2019, national security and intelligence activities conducted by the CBSA have been subject to review by two external bodies:

• the National Security and Intelligence Committee of Parliamentarians (NSICOP)
• the National Security and Intelligence Review Agency (NSIRA)

The NSICOP is focused on providing high-level assurance to the Ministers and Canadians that national security and intelligence activities are well-governed. Under the National Security and Intelligence Committee of Parliamentarians Act, the NSICOP has a mandate to review:

• the legislative, regulatory, policy, administrative and financial framework for national security and intelligence
• any activity carried out by a department that relates to national security or intelligence unless the activity is an ongoing operation and the appropriate Minister determines that the review would be injurious to national security
• any matter relating to national security or intelligence that a Minister of the Crown refers to the NSICOP

There are currently no NSICOP reviews that implicate the Agency.

The NSIRA is focused on ensuring activities are compliant with legislation and policies at a more detailed program level. Under the National Security and Intelligence Review Agency Act, the NSIRA has a mandate to:

• review any activity carried out by the Canadian Security Intelligence Service (CSIS) or the Communications Security Establishment (CSE)
• review any activity carried out by a department that relates to national security or intelligence
• review any matter that relates to national security or intelligence that a Minister of the Crown refers to the NSIRA
• investigate any complaint related to CSIS, the CSE, or related to the national security activities of the Royal Canadian Mounted Police
• investigate certain matters that may be referred under the Canadian Human Rights Act or reports referred under the Citizenship Act

The following NSIRA reviews implicating the Agency are currently underway:

• the use of biometrics in the border continuum
• air passenger targeting by the CBSA
• Security of Canada Information Disclosure Act (SCIDA, Annual Review)
• the CBSA's use of confidential human sources
• Avoiding Complicity in Mistreatment by Foreign Entities Act (ACA, Annual Review)

In their 2021 Integrated Review, NSIRA has also indicated that they are likely to begin reviews in late 2021 on the CBSA's intelligence function and its surveillance activities.

The External Review Division within the Strategic Policy Branch manages the Agency's relationship with both review bodies, tracks and coordinates the implementation of recommendations with relevant stakeholders across the Agency, coordinates all ongoing reviews implicating the Agency, and works with both review bodies to effectively manage planned reviews.

Past Reviews

The NSICOP conducted a review of the CBSA's national security and intelligence activities in 2019. The findings of this review were included in their 2020 Annual Report, in which the committee issued the following recommendations:

• that the Minister of Public Safety and Emergency Preparedness provide written direction to the CBSA on the conduct of sensitive national security and intelligence activities, and that the direction should include clear accountability expectations and annual reporting obligations
• that the CBSA should establish a consistent process for assessing and reporting on the risks and outcomes of its sensitive national security and intelligence activities

Other reviews that have examined the activities of multiple departments and implicated the CBSA to some extent include the NSICOP review of diversity and inclusion in the national security community. Findings and recommendations were issued to the community as a whole in their 2019 Annual Report. The recommendations mirrored the ongoing concern from Canadians, Indigenous and visible minority communities, other partners and stakeholders regarding law enforcement and national security agencies' accountability and the balance of Canada's public safety and security priorities with respect to fair treatment and human rights. The implementation of the recommendations is being coordinated by the Privy Council Office.

An Independent Review and Public Complaints Mechanism for the CBSA

The CBSA is the only law enforcement agency within the Public Safety portfolio that does not have an independent review and complaints mechanism for its non-national security activities. Additionally, Canada is the only Border Five country member without an independent review body for its border agency. This represents a significant gap in the government's transparency and accountability framework.

The CBSA is currently subject to review by the National Security and Intelligence Committee of Parliamentarians (NSICOP) and the National Security and Intelligence Review Agency (NSIRA) whose mandates are limited to issues of national security and intelligence.

In December 2019, and again in January 2021, the creation of an independent body to review complaints for the CBSA was outlined as a priority in the Minister of Public Safety and Emergency Preparedness' mandate and supplementary mandate letters. The Minister was directed to introduce and bring into force legislation to create a review body for the CBSA, including measures to ensure that complaints and reports are responded to promptly.

Proposed legislation, developed by Public Safety Canada, was introduced in the House of Commons in May 2019 (Bill C-98), and again in January 2020 (Bill C-3). The latter bill reached Second Reading in the House of Commons in January 2020, but was terminated with Parliament's prorogation in August 2020. In June 2021, notice was given for the introduction of a new bill, however, with the dissolution of the 43rd Parliament, all items on the notice paper will have been nullified.

Legislation establishing an independent review and complaints mechanism would be a positive step in addressing ongoing concerns from Canadians, Indigenous and visible minority communities, and other partners and stakeholders regarding the CBSA's accountability and the balance of Canada's public safety and security priorities with respect for fair treatment and human rights.

Moreover, such a body would fill critical gaps in providing independent review with respect to public complaints and systemic issues regarding CBSA employee conduct, conditions of detainment, and serious incidents. The creation of an independent public complaints and review body that includes the CBSA would bring Canada in line with most other Five Eyes countries' accountability bodies for their border agencies.

Intelligence and Risk Assessment Programs

The Intelligence and Risk Assessment ("targeting") Programs provide information on immediate and future border-related threats, as well as intelligence that supports the CBSA's mandate. These programs are at the heart of CBSA operations, helping all decision makers – from the front-line to senior executives.

The Intelligence Program

The Intelligence Program collects, interprets and analyzes information to produce border-related intelligence on people, goods, and/or conveyances that may be inadmissible or pose a threat to Canada's security. It provides timely, accurate, and actionable intelligence at all levels (strategic, operational and tactical) to support the Government of Canada's activities and priorities in cooperation with other domestic and international law enforcement organizations. The program focuses on:

• border-related threats to national security (such as terrorism, weapons proliferation, war crimes)
• transnational organized crime
• contraband smuggling, including illicit narcotics and firearms
• immigration fraud and irregular migration
• the use of fraudulent documentation

CBSA intelligence supports the Canadian Intelligence Community and actively participates in intelligence and national security-related files in the public safety portfolio. Intelligence products (such as threat assessments, lookouts, alerts, scientific reports, and strategic intelligence assessments) inform and enhance the Agency's security screening and targeting capabilities, as well as programs such as traveller admissibility, commercial compliance, criminal investigations, and immigration enforcement. They also inform senior decision-making on strategic and operational issues.

The Risk Assessment Program ("Targeting")

The National Targeting Center (NTC) assesses information, data, and intelligence to identify people, goods or conveyances bound for Canada that may pose a risk to Canadian security and safety. Using sophisticated data analytics and deductive reasoning, risk assessments are completed in furtherance of CBSA's responsibilities under the Customs Act, the Immigration and Refugee Protection Act, and other government department legislation and regulations. Potential threats to Canada are referred for action at the earliest point in the travel continuum (preferably before boarding an aircraft), or for verification and examination upon arrival at a port of entry.

The NTC also specializes in data analytics specific to the intelligence and targeting programs. It manipulates and analyzes data to identify trends and anomalies in support of urgent and day-to-day operations. In an effort to improve effectiveness, the NTC has begun a significant transformation, using advances in data analytics, automation and artificial intelligence to improve the Agency's ability to achieve more precise risk assessments, and to increase the disruption of border threats at the earliest point in the travel-trade continuum.

Both the intelligence and risk assessment programs involve close collaboration with domestic and international partners. Focusing on threats such as irregular migration at the border, human smuggling, human trafficking, drug smuggling and trade-based money laundering, the CBSA has built a robust intelligence and risk assessment operation.

Organized Crime

One of the CBSA's key enforcement priorities is disrupting organized crime with a particular focus on firearms and illicit drugs. To this end, the CBSA (on behalf of the Canadian Government) is leading the cross-border firearms task force that was announced in February 2021. This task force aims to strengthen bilateral intelligence-sharing and enforcement efforts on firearms smuggling across the shared border. Other task force members include the Royal Canadian Mounted Police, the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, the U.S. Customs and Border Protection, and U.S. Homeland Security Investigations. The CBSA is also participating in efforts led by Public Safety Canada's to re-establish the Canada-United States Cross-Border Crime Forum, which facilitates cooperation among law enforcement bodies on both sides of the border.

Integrity of Canada's Immigration Program

A key priority of the CBSA's Intelligence Program is supporting the protection and integrity of Canada's immigration program by identifying and disrupting immigration consultants engaged in fraud and playing a role in CBSA's criminal investigations on these issues. This program identifies fraudulent documents, documents obtained fraudulently, and other threats to the system. The Intelligence Program also works closely with CBSA Criminal Investigators to identify and disrupt human trafficking and human smuggling networks.

Integrity of Canada's Supply-Chain Continuum

The CBSA's intelligence efforts under this enforcement priority include leading the Government of Canada's Trade Fraud and Trade-Based Money Laundering Centre of Expertise. In collaboration with CBSA partners, the Centre of Expertise protects the supply-chain continuum by detecting trade fraud and ensuring the trade program is not exploited for criminal purposes. The Intelligence and Risk Assessment Programs also identify and disrupt the movement of illicit contraband through supply-chain exploitation, and identify the perpetrators involved.

Criminal Investigations

The CBSA's Criminal Investigations (CI) Program supports public safety and economic prosperity objectives by investigating and pursuing the prosecution of those who commit criminal offences against Canada's border legislation.

As the criminal enforcement arm of the CBSA, the primary focus of the CI Program is the detection, redress, and deterrence of offences against the Customs Act, the Immigration and Refugee Protection Act (IRPA) and other statutes falling within the CBSA's enforcement mandate, such as food, plant and animal-related legislation. The CI Program addresses serious contraventions of border legislation by pursuing criminal prosecution when such contraventions cannot be sufficiently addressed by administrative sanctions.

The CI Program focuses on investigating large and often complex smuggling and fraud schemes. Key priorities of the CI Program include firearms smuggling, trade fraud (including trade-based money laundering), immigration fraud and human smuggling. Successful criminal investigations and prosecutions result in penal consequences (for example, criminal record, imprisonment, court fines, prohibitions, etc.) for these violations. Given the nature of cross-border criminal activities, the CBSA often conducts its investigations in conjunction with its law enforcement partners, including the Royal Canadian Mounted Police, provincial or local policing agencies, and foreign border agencies when necessary and appropriate.

CBSA Investigators are peace officers under the Criminal Code of Canada when they enforce the Customs Act and the IRPA. They may use the Code's provisions to investigate certain border-related offences in CBSA program legislation. These Code provisions include, but are not limited to, the ability to:

• obtain judicial authorization to execute search warrants and production orders
• arrest with and without a warrant
• seize items without warrant
• compel an accused to attend court

While the CBSA conducts investigations and lays charges or recommends the laying of charges, the Public Prosecution Service of Canada (PPSC) provides prosecution-related services enabling each participant to operate independently while working cooperatively. The Memorandum of Understanding (MOU) between the CBSA and PPSC governs the working arrangements of the participants while allowing each organization to execute their respective financial and operational mandates at both the investigative and prosecution stages.

Similar to other law enforcement agencies, the search and forensic analysis of electronic media has become a central component of the vast majority of criminal investigations conducted by the CBSA. The need for this capability will continue to grow with the increasing use of digital devices that may store evidence of criminal offences. The CBSA has professionally trained Digital Forensic Investigators to identify, extract, analyze and preserve evidence from digital devices and media seized during investigations, in a lawful manner. It is important to note that judicial authorizations to search electronic media are used in criminal investigations to assist with informed decision-making regarding admissibility of people and goods to Canada under CBSA program legislation. This is different from examining digital devices at a port of entry, as those searches are carried out under regulatory inspection authorities.

The CI Program is comprised of approximately 230 regional personnel, including Investigators and their management teams. Consistent with the CBSA Functional Management Model, a headquarters component has responsibility over the policies governing criminal investigations. This includes evidence-gathering, the use of investigative techniques within the CBSA, partnership management, performance reporting, and the monitoring of jurisprudence.

The CI Program is advancing several key initiatives to modernize its investigations while increasing efficiency and effectiveness. Major Case Management (MCM) method will be adopted as the standard investigative method for conducting complex criminal investigations. MCM is comprised of a centralized coordinating body, investigative standards covering all areas, and common case management technology for all participants during the investigation. With the adoption of MCM, the CI Program will be well-positioned to conduct large-scale joint-investigations with law enforcement partners across Canada.

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