Ministerial transition 2021: Transition binder—Overview

Mandate, vision and authorities

Our mandate

The CBSA provides integrated border services that support national security and public safety priorities and facilitates the free flow of persons and goods, including animals and plants.

Our vision

An integrated border agency that is recognized for service excellence in ensuring Canada's security and prosperity.

Our authorities

The CBSA administers and enforces over 90 acts, regulations and international agreements including the CBSA Act, Customs Act, Immigration and Refugee Protection Act and others (Annex 4).

Minister / Government priorities

The CBSA is committed to addressing the government's commitments on a priority basis, including:

• Supporting immigration priorities (for example, irregular migration; visa renewal)
• Stopping the illegal importation of firearms

We have completed preliminary analysis of these initiatives and are ready to provide advice on options for a way forward in alignment with government priorities

We will also support you to respond to high profile issues as they arise, given our 24 hours a day, 7 days a week, 365 days a year environment, through regular updates and meetings

Where we work

The CBSA is one of the largest federal service providers, and the second largest law enforcement agency in Canada. We provide services at multiple points across Canada and abroad.

The CBSA has over 14,000 full-time equivalents (FTEs): Over 5,000 are Border Service Officers (BSO).

Where we serve:

• 10 cruise ship operations
• 405 small vessel reporting sites
• 50 inland offices
• 3 mail processing centres
• 975 sufferance warehouses
• 26 rail offices
• 117 land border crossings
• 1 national targeting entre
• 207 airports
• 9 ferry terminals
• 213 commercial vessel clearance facilities
• 38 international offices

Results for Canadians (2020 to 2021)

Managing the flow of people and goods to support the economy

Travellers:

• 8.7 million land travellers
• 2.1 million air travellers
• 172,200 marine travellers
• 208,900 work and study permits issued

Goods:

• $28.2 billion in duties and taxes collected
• 20 million commercial releases
• 100.8 million courier shipments
• 46,500 cargo trains and vessels

Protecting Canadians, and Canadian agriculture and industry

• 11,229 removals (persons inadmissible to Canada)
• 9,455 detentions processed between April 1, 2020 and March 31, 2021
• 742 penalties for failure to declare plant, food and animals
• Over 51,500 illicit weapons seized
• 1,250 in tobacco seizures
• 3 million courier shipments examined
• Over 32,100 drug seizures (valued at $439.2 million)

How we achieve our results

The CBSA supports Canada's security and prosperity by:

Security

• Screening travellers for immigration status and admissibility
• Countering terrorism, human trafficking and money laundering
• Working with law enforcement partners to find and remove foreign nationals who are inadmissible

Safety and health

• Examining goods, including food, animal and plants for threats to human health, agriculture and the environment, such as African Swine Fever and invasive alien species
• Deterring and seizing firearms, drugs, and other illicit goods

The economy and jobs

• Facilitating the flow of legitimate goods and travellers (citizens, permanent residents and visitors) across the border, supporting tourism and commerce
• Collecting duties and taxes
• Implementing trade agreements, and anti-dumping and countervailing duties
• Working with the U.S. Customs and Border Protection Agency to manage the shared border and one of the largest bilateral trade relationships in the world

Our pandemic response

We work closely with the Public Health Agency of Canada and other partners to protect public health while maintaining vital supply chains and mitigating the economic impact of travel restrictions.
0.8% of total COVID-19 cases from travel-related transmissions.

Public health imperatives have transformed the border management challenge, and we have adapted and will continue to do so. Our efforts have included:

• Rapidly developing and implementing new border measures and screening requirements
• Expediting shipments of vaccines and personal protective equipment
• Developing and launching a new service channel (ArriveCAN app) to allow travellers to provide health and vaccination information quickly and securely
• Engaging U.S. counterparts to manage the shared border
• Redeploying front line resources to ensure the movement of commercial goods and support the economy

Our changing environment

More people on the move, more often

• Managing a record number of asylum claims in 2019 (29,365) which includes irregular migration
• Processing increasing immigration that supports the economy, (for example, visitors who sustain the tourism industry, as well as foreign workers and students)
• Growing travel and service expectations (18% increase in air mode from [2015 to 2016] to [2019 to 2020])
• These trends were suppressed by the pandemic, but can be expected to resume as global travel restrictions ease

Evolving and diversifying commerce and trade

• Increasing trade volumes and rapidly changing landscape (for example, CUSMA, Brexit)
• Skyrocketing e-Commerce challenging enforcement and revenue collection (148% increase since 2013 to 2014); volumes have increased under pandemic restrictions

Increasing threat complexity

• Transnational criminal organizations employing increasingly sophisticated concealment methods
• Rising incidence of smuggling, counterfeit goods, human trafficking, money laundering and proceeds of crime
• Increasing volumes resulting in greater potential for Canadians to be exposed to harmful contraband (for example, illegal firearms and illicit substances)

International partners: Common challenges

• Our "Border Five" (B5) partners face the same global challenges as we do, and are modernizing to address them
• The B5 has a common vision of the Border of the future
  • Digital
  • Secure
  • Touchless
• Need to work together to support information sharing to manage risk, and facilitate trade and travel
• Managing complex relationships requires early and sustained engagement

Post-COVID environment

The Border of the Future is more relevant than ever. Lessons learned have highlighted the importance of:

• Close cooperation and interoperability with federal, domestic and international partners
• Flexibility in shifting resources in response to emergencies and volume surges
• Robust intelligence and analysis to anticipate and prepare for emerging threats
• Modern tools, infrastructure and policy frameworks to support rapid responses

As such, we are working to enhance service in the traveller and commercial streams, replacing processes tied to in-person, physical interactions with secure digital interactions.

Priority initiatives include:

• Safety and Security of Commerce and Trade: address eCommerce volumes that have continued to increase under COVID restrictions
• Traveller Modernization: support recovery of travel and tourism industry by implementing a streamlined, more touchless border experience
• Preclearance: push out the border with proofs of concept in the U.S.
• Sustainability: renew and replace legacy IT and physical infrastructure
• CBSA Assessment and Revenue Management: simplifying and digitalizing import and duty collection processes
• STCA: Exploring options for a renewed Canada-US Safe Third Party Agreement

Focus going forward

Five core principles – CBSA ecosystem:

Pushing the border out

• Receiving more data from clients in all modes before border crossing
• Using advanced data to better understand who and what is coming into the country to automate risk assessment and enhance decision-making
• Identifying threats earlier in the process
• Improving client experience and engagement through integrated digital tools and channels

Harnessing the power of data

• Building business applications on the Cloud with appropriate system integration
• Integrating intelligence and risk inputs more fully into officer decision-making
• Reducing officer manual input through new integrated interfaces at ports of entry
• Having better integration with access to partners' data and information, while ensuring appropriate privacy safeguards

Generating revenue

• Collecting duties and taxes directly from clients in advance of the delivery of goods
• Improving the method for defining client fees and charges
• Enhancing duty and tax collection

Modernizing how people and goods cross the border

• Driving border processing with data analytics, biometrics, and artificial intelligence
• Reducing physical touch with increased use of digital tools and channels
• Working more closely with partners who own/operate facilities where CBSA is present to achieve common goals

Investing in our people

• Providing officers with new or upgraded devices, tools, and technology
• Preparing officers to focus attention on complex and high-risk issues
• Assigning and tasking officers based on intelligence risks, and volumes with automated tools
• Supporting employees in adapting to the way our work is changing

Border of the future results

The CBSA will transform Canada's borders to ensure that safe travel and trade continue to drive Canada's economy and ensure ability to respond to current and future threats to health, safety and security. Modern, effective borders will:

Support economic recovery

Ensure private industry can depend on the CBSA to move goods into the Canadian market efficiently, stimulating economic growth in a post-COVID environment.

Protect security and public health

Stop dangerous goods and people from entering Canada, supporting broader public safety and national security priorities, as well as protecting public health through border measures.

Enhance service and efficiency

Provide better service to businesses and travellers by implementing processes that are seamless and secure, using innovative and interoperable technologies.

Annex 1: Key partners / Stakeholders

Key federal partners

• Public Safety Portfolio (Public Safety Canada, Royal Canadian Mounted Police, Canadian Security Intelligence Service, Correctional Service of Canada)
• Immigration, Refugee, and Citizenship Canada
• Public Health Agency of Canada
• Canadian Food Inspection Agency
• Foreign Affairs and International Trade Canada
• Canada Post Corporation
• Transport Canada
• Industry Canada
• Human Resources and Skills Development Canada (Labour Program)
• Finance Canada
• Justice Canada

Local law enforcement

Provincial and municipal law enforcement agencies

International partners

• United States–U.S. Customs and Border Protection (under Department of Homeland Security)
• Mexico
• Border 5 (Canada, United States, Australia, New Zealand and United Kingdom)
• World Customs Organization (180 countries, 75% of which are developing countries)

Annex 2: Industry / Non-government organizations / Other stakeholders

The CBSA also works closely with industry associations, non-government organizations and other stakeholders on the design and evaluation of policies, work force, programs and services, including:

• Association of International Customs and Border Agencies
• The Black Legal Action Centre
• Canadian/American Border Trade Alliance
• Canadian Association of Importers and Exporters Incorporated
• Canadian Chamber of Commerce
• Canadian Courier and Logistics Association
• Canadian Federation of Independent Business
• Canadian Human Rights Commission
• Canadian International Freight Exporters
• Canadian Manufacturers and Forwarders Association
• Canadian Society of Customs Brokers
• Canadian Vehicle Manufacturers Association
• International Air Transport Association
• Railway Association of Canada
• Shipping Federation of Canada
• Customs and Immigration Union
• Canadian Bar Association
• Red Cross
• United Nations High Commissioner for Refugees

Annex 3: Our core business lines

Travellers

Facilitating the flow of admissible travellers and goods into Canada while intercepting inadmissible travellers and goods

Commercial and Trade

Facilitating the import and export of commercial goods, ensuring the compliance of trade chain partners and collecting duties and taxes on imported goods

Intelligence and Enforcement

Targeting, identifying, investigating and conducting enforcement actions against those who do not comply with border-related legislation

Strategic Policy

• Creating evidence-based policy analysis, through strategic foresight and collaborative relationships both domestically and internationally
• Integrating data analytics to drive better outcomes and decisions for the Agency

Internal Services

Supporting border management workforce and human resources, finance and infrastructure, information technology, transformation, and corporate processes

Annex 4: Legislative authorities

The CBSA is established pursuant to the Canada Border Services Agency Act, which makes the CBSA responsible for administering and enforcing over 90 acts, regulations and international agreements.

Key program legislation for the CBSA includes the Customs Act and the Immigration and Refugee Protection Act.

Financial overview

Budget 2020

Due to the COVID-19 pandemic, there were no formal budget announcements. The CBSA received funding through the off-cycle mechanism, the Essential Measures package, in May 2020. Through this mechanism, the CBSA received:

• $460 million over 4 years starting in 2021 to 2022 and $115 million in ongoing for Program Integrity to stabilize core operations
• $309 million over 3 years, starting in 2021 to 2022 for the capacity of Canada's asylum system to re-baseline the asylum system to process 50,000 claims for two additional years and 3 years of enforcement
• $6 million over 5 years, starting in 2021 to 2022, and $1.6 million ongoing for the 2020 to 2022 Immigration Levels Plan in support of admission targets of 341,000 in 2020, 351,000 in 2021, and 361,000 permanent residents in 2022
• $6.1 million over 5 years, starting in 2020 to 2021 and $0.4 million ongoing for Cross-Border Currency Reporting to develop and implement digital cross-border currency forms and enhanced paper-based forms

Off-cycle funding

The CBSA received $50 million over 5 years, starting in 2021 to 2022, and $10 million in ongoing funding for the 2021 to 2023 Immigration Levels Plan in support of admission targets of 401,000 in 2021, 411,000 in 2022 and 421,000 permanent residents in 2023 and beyond.

Budget 2021

In total, $857 million over 5 years on a cash basis starting in 2021 to 2022 ($656 million on accrual basis) and $124 million ongoing for the CBSA was announced through Budget 2021 for the following initiatives:

1) The CBSA received funding in support of CBSA Modernization (Traveller and Commercial), Sustainability and Pre-Clearance. Funding will transform the border experience for travellers through touchless and automated interactions, enhance the CBSA's ability to detect contraband, and help protect the integrity of Canada's border infrastructure. Funding will also 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. These initiatives will help preserve the security and integrity of Canada's borders while expediting the flow of legitimate travel and trade.

2) Sustainability efforts include funding for: legacy recapitalizing buildings and replacing equipment; revenue generation; management integrity and reducing and optimizing IT legacy backlog, which include the migration of applications to the cloud, as well as building enterprise capabilities by stabilizing networks and aligning infrastructure and bandwidth to volumes.

Budget 2021 also announced funding for joint initiatives for the CBSA, IRCC and other partners, and includes:

• $29 million for IRCC and CBSA for the 2021 to 2022 Temporary Residents program to maintain enhanced capacity to serve visitors applying for temporary resident visas and permits. The CBSA will confirm the level of funding which will be drawn into the Agency with partner organizations
• $429 million over 5 years starting in 2021 to 2022, which was provisioned for various federal government departments through the Digital Platform Modernization initiative (the modernization of the IRCC's Global Case Management System (GCMS)). The CBSA will work with partners to determine the exact amount that the Agency will receive. The funding will be used to develop and deliver an enterprise-wide digital platform that would gradually replace the legacy GCMS

Off-cycle funding approvals have been received for the Firearms Initiative:

Public Safety received $312 million over five years, starting in 2021 to 2022, and $41.4 million in ongoing funding through the Firearms initiative to implement legislation to help protect Canadians from gun violence and to fight gun smuggling and trafficking. Included in this amount, the CBSA received $41.4 million over 6 years and $6.7 million in ongoing funding to, among various other things, enhance its intelligence and investigative and information-sharing capacity.

Fiscal year 2020 to 2021 Main Estimates

The CBSA received $2,049.5 million through the 2021 to 2022 Main Estimates process. This represents a $157.8 million net decrease (including employee benefit plans) or 7.1% less than the previous fiscal year. [Redacted]

The CBSA's net decrease of $157.8 million represents a decrease of $70.5 million in operating funding, a decrease of $71.3 million in capital funding and a decrease of $16.0 million in statutory expenditures (employee benefit plan).

The funding breakdown is as follows:

• $ 1,752.4 million under Vote 1: Operating expenditures
• $ 106.5 million under Vote 5: Capital expenditures
• $ 190.6 million in employee benefit plans

[Redacted]

Legislative authorities / Designations and delegations

Overview

This document provides a breakdown of legislative authorities under the CBSA mandate that rest exclusively with the Minister of Public Safety and Emergency Preparedness (hereafter referred to as "the Minister") or with the President of the CBSA.

Background

While the CBSA administers more than 90 acts, regulations, and international agreements, many are on behalf of other federal departments and agencies, the provinces and the territories. Most of the day-to-day functions and duties found in the CBSA program legislation have been delegated by the Minister and/or President of the Agency to the Vice-President level and below, or are exercised by designated officials. The delegation and designation of legislative authorities is common practice across the Government of Canada, and includes cases where ministers share legislative responsibilities.

A Delegations and Designations (D&D) Instrument is a document in which the Minister or the President either delegate to particular officials (or classes of officials) the various specific statutory powers, duties, and authorities expressly conferred on the Minister or the President, or designate which particular officials or classes of officials may exercise the various specific statutory powers, duties and authorities expressly conferred on officers. The CBSA D&D Instruments contain delegations for the vast majority of the Ministerial and Presidential legislative authorities and designations for most officer authorities. The D&D Instruments provide clarity as to who may perform the various functions set out in the legislation and therefore provide greater certainty that a decision or an authority is being exercised lawfully.

Some of the CBSA's key pieces of legislation are the Canada Border Services Agency Act (CBSA Act), the Customs Act, the Customs Tariff Act, the Immigration and Refugee Protection Act (IRPA), the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA), and the Special Import Measures Act. An explanation of the authorities under these acts follows in the section below. To fulfill the CBSA's mandate, legislative authorities generally are administered and enforced by Border Services Officers at the border.

Considerations

The Canada Border Services Agency Act

The Canada Border Services Agency Act, which establishes the Agency, came into force on December 12, 2003. It defines "program legislation" that the CBSA is responsible for administering and enforcing.

Below information highlights of differences between the Ministerial and Presidential responsibilities regarding the Agency under this Act:

Minister's responsibilities

6(1) Responsibility for the CBSA.

12 Provides that the Agency may exercise the powers, and shall perform the duties and functions, relating to the program legislation that are given to the Minister, subject to any directions given by the Minister and subject to any designations or delegations that may be applicable.

6(2) Authority to delegate to any person any power, duty or function conferred on the Minister under this Act or under the program legislation.

President's responsibilities

8(1) Authority for the control and management of the Agency and all matters connected with it, under the direction of the Minister.

12 Provides that the Agency may exercise the powers, and shall perform the duties and functions, relating to the program legislation that are given to the Minister, subject to any directions given by the Minister and subject to any designations or delegations that may be applicable.

9(1) Authority to delegate any power, duty or function for which the President is authorized to exercise or perform under the CBSA Act or under any other enactment.

9(2) Authority to designate officers to perform various duties and functions under the Customs Act.

9(3) Authority to exercise any power that the Minister has to designate officers under subsection 6(1) of the Immigration and Refugee Protection Act.

The President approves most of CBSA's D&D Instruments, with the exception of the IRPA D&D Instrument. This is permitted by section 12 of the Canada Border Services Agency Act, wherein the President of the Agency is legally entitled to assume the powers granted to the Minister described in any of the acts that meet the definition of "program legislation"; this includes the Minister's authority to make D&Ds. The President is asked to approve the D&Ds to allow for more flexibility and to respond expeditiously to the ongoing operational requirements to designate new officers or officers with new designated duties.

The Customs Act

The Customs Act is one of the primary pieces of legislation that the CBSA administers and enforces. It deals mostly with the presentation of persons upon their arrival in Canada and reporting of goods upon their import of export from Canada. Among other things, it sets out the legislative authority to control the importation and exportation of goods. The Customs Act gives CBSA officers the authority to, for example, search persons, examine imported or exported goods, and detain or seize goods in cases of non-compliance.

Section 2 of the Customs Act is noteworthy because it deals with delegations. In particular, subsection 2(3) provides that the powers, duties, and functions of the President of the CBSA may be exercised or performed by any person authorized by the President. Subsection 2(4) allows the Minister to delegate any of the Minister's duties under the Customs Act, including judicial or quasi-judicial functions (for example, according to section 131 of the Customs Act, the Minister has the authority to consider and weigh the circumstances of particular cases – such as the seizures of goods or conveyances – and decide whether the Act or the regulations were contravened). Section 9(2)(a) of the CBSA Act provides the President with the authority to designate officers for purposes of the Customs Act, and to specify which powers or duties such officers may exercise. These delegations and designations are captured in the Customs Act Instrument.

In total, there are 6 non-delegated authorities of the Minister under the Customs Act, as well as 3 non-delegated authorities of the President. These authorities are exercised infrequently and under specific circumstances.

Authorities that are not delegated by the Minister

2(4) The Minister may authorize an officer or a class of officers to exercise powers or perform duties of the Minister, including any judicial or quasi-judicial powers or duties of the Minister, under this Act.

11.6(1) Authority to designate as a mixed-traffic corridor a portion of a roadway or other access way.

(2) Authority to amend, cancel or reinstate at any time a designation made under this section.

97.211(1)(b) The Minister of National Revenue is responsible for the administration of Part V.1 of the Act ("Collections"). In order to facilitate the administration of this part of the Act, the Minister of Public Safety and Emergency Preparedness may, in conjunction with the Minister of National Revenue, recommend that the Governor in Council authorize the Minister of National Revenue to exercise any other powers that are conferred under any provision of the Act (that is, in addition to the powers already granted to the Minister of National revenue under Part V.1). Such an authorization would occur by Order in Council. To date, such an Order in Council has never been made.

106(3) Where, in any action or judicial proceeding taken otherwise than under this Act, substantially the same facts are at issue as those that are at issue in an action or proceeding under this Act, the Minister may file a stay of proceedings with the body before whom that action or judicial proceeding is taken, and thereupon the proceedings before that body are stayed pending final determination of the outcome of the action or proceeding under this Act.

147.1(3) The Minister and the Canada Post Corporation may enter into an agreement in writing whereby the Minister authorizes the Corporation to collect, as agent of the Minister, duties in respect of mail and the Corporation agrees to collect the duties as agent of the Minister.

164(1.1) The Governor in Council may, on the recommendation of the Minister, make regulations for the purpose of the uniform interpretation, application and administration of a chapter or provision of an agreement set out in column 1 (Free trade agreements)

Authorities that are not delegated by the President

2(3) Any power, duty or function of the President under this Act may be exercised or performed by any person, or by any officer within a class of officers, authorized by the President to do so and, if so exercised or performed, is deemed to have been exercised or performed by the President.

68(1) In the case of an appeal to the Canadian International Trade Tribunal, the President may appeal to the Federal Court of Appeal on any question of law.

70(1) Authority to refer to the Canadian International Trade Tribunal for its opinion any questions relating to the origin, tariff classification or value for duty of any goods or class of goods.

The Customs Tariff Act

The Customs Tariff Act is an Act concerning, amongst other things, the imposition of duties of customs and other charges, the International Convention on the Harmonized Commodity Description and Coding System, and the relief against the imposition of certain duties of customs or other charges. The ministerial authorities relating to this Act are all delegated below the Vice-President level except all authorities to make Regulations. Only subsection 68(3) is not delegated below the President.

68(3) The President of the Canada Border Services Agency may relieve goods from payment of a surtax on agricultural goods imposed by an order if the President is of the opinion that
(a)  the goods were purchased for importation in the expectation in good faith that the surtax would not have applied to those goods; and
(b)  the goods were in transit to the purchaser in Canada.

The Immigration and Refugee Protection Act and the Citizenship Act

The responsibility for the administration and enforcement of IRPA is mainly divided between the Minister of Public Safety and Emergency Preparedness and the Minister of Citizenship and Immigration (CIC). Each minister has sole responsibility for some aspects of IRPA, while the 2 ministers share responsibilities for other sections of the Act.

The Minister of Public Safety's specific responsibilities under section 4(2) of this Act relate to examinations at ports of entry; the enforcement of this Act, including arrest, detention and removal; the establishment of policies respecting the enforcement of this Act and inadmissibility on grounds of security, organized criminality or violating human or international rights; and declarations referred to in section 42.1.

Subsection 6(2) of the IRPA states: "Anything that may be done by the Minister under this Act may be done by a person that the Minister authorizes in writing without proof of the authenticity of the authorization" [emphasis added]. As such, the Minister must personally sign any instruments delegating his powers, duties or functions per subsection 6(2) of the IRPA. The President retains the authority to make all designations not falling under the ambit of subsection 6(2).

Almost all authorities within IRPA are delegated to officers below the Vice-President level. There are 80 items of delegations and designations approved by the Minister in relation to the IRPA, which are included in the CBSA IRPA D&D Instrument. The Minister may not, however, delegate the powers conferred by subsection 20.1(1) (irregular arrivals), or subsection 42.1(1) or (2) (Ministerial relief) or 77(1) (security certificates) of the Act. These authorities are infrequently used and only in specific circumstances.

The Minister of Citizenship and Immigration is responsible for the administration of the Citizenship Act, including the responsibility for initiating proceedings to revoke an individual's citizenship. However, in some circumstances, the Minister of Public Safety may ask the Minister of Citizenship and Immigration to seek a declaration that an individual subject to revocation proceedings is inadmissible pursuant to one of section 34 (security grounds), 35 (violating international or human rights) or 37 ( organized criminality) of the IRPA. The Minister of Public Safety has not delegated the authority to make such a request to the Minister of Citizenship and Immigration.

Where the Court makes such a declaration, it constitutes a removal order against the person under the IRPA; the removal order is a deportation order, and the CBSA would take the necessary steps to enforce the order. In this way, the CBSA would be responsible for the removal from Canada of an individual who had been stripped of citizenship under the Citizenship Act.

The Proceeds of Crime (Money Laundering) and Terrorist Financing Act

The principal objectives of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA) are to combat both the laundering of proceeds of crime and the financing of terrorist activities, and to establish the Financial Transactions and Reports Analysis Centre of Canada. Authorities within this Act are shared between the Minister, the President and the Minister of Finance. Most authorities are delegated below the Vice-President level, with the exception of the following:

Minister

24.1(1) The Minister, or any officer delegated by the President for the purposes of this section, may, within 90 days after a seizure or an assessment of a penalty,
(a) cancel the seizure, or cancel or refund the penalty, if the Minister is satisfied that there was no contravention; or
(b) reduce the penalty or refund the excess amount of the penalty collected if there was a contravention but the Minister considers that there was an error with respect to the penalty assessed or collected, and that the penalty should be reduced.

38(1) The Minister, with the consent of the Minister of Finance, may enter into an agreement or arrangement in writing with the government of a foreign state, or an institution or agency of that state, that has similar reporting requirements, whereby
(a) information set out in reports in respect of currency or monetary instruments imported into Canada from that state will be provided to a department, institution or agency of that state that has powers and duties similar to those of the CBSA in respect of the reporting of currency or monetary instruments; and
(b) information contained in reports in respect of currency or monetary instruments imported into that state from Canada will be provided to the CBSA.

38.1 The Minister, with the consent of the Minister of Finance, may enter into an agreement or arrangement in writing with the government of a foreign state, or an institution or agency of that state, that has powers and duties similar to those of the Canada Border Services Agency, whereby the Canada Border Services Agency may, if it has reasonable grounds to suspect that the information would be relevant to investigating or prosecuting a money laundering offence or a terrorist activity financing offence, provide information set out in a report to that government, institution or agency.

39(1) The Minister may authorize an officer or a class of officers to exercise powers or perform duties of the Minister, including any judicial or quasi-judicial powers or duties of the Minister, under this Part.

President

38(1) Specifically delegated to the President

38.1 Specifically delegated to the President

39(2) The President may authorize an officer or a class of officers to exercise powers or perform duties of the President under this Part.

The Special Import Measures Act

The Special Import Measures Act (SIMA) is the primary legislation governing Canada's trade remedy system. Its objective is to provide for the application of duties to address situations where dumped and subsidized imports cause injury to domestic producers, and to help protect Canadian industry from these unfair trade practices. Authorities within this Act are shared between the Minister, the President, the Minister of Finance and the Minister for International Trade, specifically in the context of international treaties. The vast majority of the authorities not involving international treaties belong to the President and the authorities he or she delegates remain at a high level (Vice-President, Director General, Director). Very few authorities are delegated at officer level. 3 authorities belong to the Minister, and these were delegated to the President, as follows:

Special rules to determine export price

25(1) Where, in respect of goods sold to an importer in Canada,
(e) in any cases not provided for by paragraphs (c) and (d), the price determined in such manner as the Minister specifies.

Normal value and export price where information not available

29(1) Where, in the opinion of the President, sufficient information has not been furnished or is not available to enable the determination of normal value or export price as provided in sections 15 to 28, the normal value or export price, as the case may be, shall be determined in such manner as the Minister specifies.

Consignment shipments

(2) Where goods are or are to be shipped to Canada on consignment and there is no known purchaser in Canada of the goods, the normal value and export price of the goods shall be determined in such manner as the Minister specifies.

Amount of subsidy

30.4 (1) Subject to subsections (2) and (3), the amount of subsidy in relation to any goods shall be determined in the prescribed manner.

Where no prescribed manner

(2) Where no manner of determining an amount of subsidy has been prescribed or, in the opinion of the President, sufficient information has not been provided or is not otherwise available to enable the determination of the amount of subsidy in the prescribed manner, the amount of subsidy shall, subject to subsection (3), be determined in such manner as the Minister may specify.

Customs Offices and Ports of Entry designation

The Minister of Public Safety and Emergency Preparedness has the authority, under section 5 of the Customs Act, to designate, amend, cancel or reinstate Customs Offices, and specify their purpose. This authority has been delegated, to the President, Executive Vice-President, and Vice-Presidents of the CBSA.

The Minister of Public Safety and Emergency Preparedness also has the authority to designate Ports of Entry (POEs), as well as their dates and hours of operation, as per section 26 of the Immigration and Refugee Protection Regulations (IRPR). The authority to cancel, amend or reinstate any POE designation is implied. Since April 2020, under section 26.1 of the IRPR, the Minister also has the authority to specify whether certain listed immigration services will be provided at designated POEs (for example, collection of biometric data or reception of an application for a work permit). These 2 authorities in relation to POEs have not been delegated, and therefore the Minister's approval is required for every modification to the immigration services offered at a POE or its date and hours of operation.

The previous Minister of Public Safety approved the latest modifications to the Customs Offices and Ports of Entry Designation Instrument on August 13, 2021.

Next steps

The Agency has amended some CBSA D&D Instruments in 2020 and 2021 to reflect its regular operational environment, but also to react to the COVID-19 pandemic, especially regarding the Customs Offices and Ports of Entry designation. Further updates are expected in the upcoming months to adjust the D&D instruments as the pandemic evolves, and to reflect modifications to the organizational charts streaming from the Functional Management Model under CBSA Renewal. It is your diligent response to these proposed modifications to the D&D instruments, particularly in the pandemic context, that provide the CBSA the flexibility it requires to adapt the border authorities to the current situation. Future briefings will be arranged as required.