Ministerial transition 2021: Pocketbook

The Agency

Mandate

The Canada Border Services Agency (CBSA) is responsible for providing integrated border services that support national security, economic growth and public safety priorities, while facilitating the free flow of persons and goods, including animals and plants, that meet all requirements under its program legislation.

What we do

The CBSA carries out its responsibilities with a workforce of approximately 14,000 employees, including over 5,000 uniformed CBSA officers who provide services at approximately 1,200 points across Canada and at 39 international locations. Furthermore:

• the CBSA manages 117 land-border crossings and operates at 13 international airports. Of these, 61 land-border crossings and 10 international airports operate on a 24/7 basis
• officers carry out marine operations at major ports, the largest being Halifax, Montréal and Vancouver, and at numerous marinas and reporting stations
• officers also perform operations at 27 rail sites
• the CBSA investigates, detects, and apprehends persons in contravention of the Immigration and Refugee Protection Act (IRPA), and performs various officer and Minister's Delegate functions
• the CBSA conducts lengthy and complex investigations of suspected war criminals, national security cases, and organized crime groups
• the CBSA facilitates legitimate trade, enforces trade laws, and protects the Canadian economy to ensure consumer safety and create a level playing field for Canadian businesses
• the CBSA represents the interests of the Agency and Immigration, Refugees and Citizenship Canada (IRCC) at hearings before the Immigration and Refugee Board
• the CBSA works with IRCC to manage the overall policy, legislative and regulatory framework related to immigration, and is directly responsible for port of entry examinations, immigration enforcement, and certain serious inadmissibilities
• the CBSA processes and examines international mail at three Canada Post processing centres (Ontario, Quebec, British Columbia)
• the CBSA administers more than 90 acts, regulations and international agreements, many on behalf of other federal departments and agencies, the provinces and the territories

Responsibilities

The Agency's legislative, regulatory and partnership responsibilities include the following:

• public health screening of travellers at the border
• administering legislation that governs the admissibility of people and goods, plants and animals into and out of Canada
• detaining non-citizens who may pose a threat to Canada
• removing non-citizens who are inadmissible to Canada, including those involved in terrorism, organized crime, war crimes or crimes against humanity
• interdicting illegal goods entering or leaving the country
• conducting evidence-based policy research, analysis and development
• protecting food safety, plant and animal health, and Canada's resource base
• promoting Canadian business and economic benefits by administering trade legislation and trade agreements to meet Canada's international obligations
• enforcing trade remedies that help protect Canadian industry from the injurious effects of dumped and subsidized imported goods
• administering a fair and impartial redress mechanism
• promoting Canadian interests in various international forums and with international organizations
• facilitating the movement of admissible goods and travellers in support of Canada's economic interests
• collecting applicable duties and taxes on imported goods

History

The CBSA was created on December 12, 2003, mandated with responsibility for border and immigration enforcement and customs services from three legacy organizations. The CBSA combines the customs responsibility formerly held by the Canada Customs and Revenue Agency (now known as the Canada Revenue Agency) with border security and enforcement personnel from Citizenship and Immigration Canada (now known as Immigration, Refugees and Citizenship Canada), as well as border inspection functions of the Canadian Food Inspection Agency.

In addition to the traditional focus on revenue collection, the Agency was created as part of the Public Safety portfolio to address heightened security concerns in the post–9/11 world. Under the Canada Border Services Agency Act, the CBSA is responsible for providing integrated border services that support national security priorities while facilitating the flow of persons and goods.

Key partners

The CBSA administers more than 90 acts, regulations and international agreements on behalf of other federal departments and agencies, the provinces and the territories. As a result, the Agency must work in collaboration with many other government departments (OGDs), as well as international partners, to ensure the health, safety, and security of Canadians. Some of our key partners include:

• Public Safety Canada
• Royal Canadian Mounted Police
• Canadian Security Intelligence Service
• Immigration, Refugees and Citizenship Canada
• Canada Post Corporation
• Transport Canada
• Innovation, Science and Economic Development Canada
• Public Health Agency of Canada
• Health Canada
• Canadian Food Inspection Agency
• Global Affairs Canada
• Justice Canada
• Finance Canada
• Shared Services Canada
• Canada Revenue Agency
• Canadian International Trade Tribunal
• Provincial and municipal law enforcement agencies
• United States Customs and Border Protection, as well as the Department of Homeland Security
• Mexico
• Border Five (Canada, United States, Australia, New Zealand, United Kingdom)
• World Customs Organization (183 countries, 75% of which are developing countries)
• World Trade Organization

Depending on the situation, some of the OGDs above may provide guidance to the CBSA on importing or exporting goods that fall under the OGD's primary responsibility. CBSA officers carefully consider this guidance in deciding what actions would be appropriate. The Agency assists the OGD in enforcing its Act(s); however, that OGD has the primary responsibility for the administration of their specific Act.

Key facts

Operational pre-pandemic snapshot (2019 to 2020)

Managing the flow of people and goods to support the economy

Travellers:

• 55.8 million land travellers
• 35.4 million air travellers
• 3.2 million marine travellers
• 495,000 work and study permits issued

Goods:

• 20.2 million commercial releases
• 26,000 cargo trains and vessels
• 60.8 million courier shipments
• $32 billion duties and taxes collected
• 1.7 million courier shipments examined

Protecting Canadians, their health, and Canadian agriculture and industry

• 11,313 removals (persons inadmissible to Canada)
• 8,825 detentions for an average of 14 days
• 1,200 tobacco seizures
• 2,000 penalties for failure to declare plant, food and animals
• Over 19,700 illicit weapons seized
• Over 29,000 drug seizures (valued at $519.3 million)

Operational pandemic snapshot (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:

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

Protecting Canadians, their health, and Canadian agriculture and industry

• 11,229 removals (persons inadmissible to Canada)^{Footnote 1}
• 9,455 detentions
• 1,250 tobacco seizures
• Facilitated entry of 7.3 million doses of COVID-19 vaccine
• 742 penalties for failure to declare plant, food and animals
• Over 51,500 illicit weapons seized
• Over 32,100 drug seizures (valued at $439.2 million)
• 1.3B units of personal protection equipment (PPE)

Standard key messages

Traveller admissibility

• All persons, including Canadian citizens, seeking entry to Canada must present to the CBSA, and may be subject to a more in-depth exam
• All persons must demonstrate they meet the requirements to enter and/or stay in Canada
• Admissibility of all travellers is decided on a case-by-case basis and based on the information made available to the Border Services Officer at the time of entry
• Several factors are used in determining admissibility into Canada, including involvement in criminal activity, human rights violations, and organized crime, as well as security, health or financial reasons

Immigration/Security cases

• Getting the right information at the right time is critical to ensuring that Canada's borders are not used for illegal activity, and that only admissible people are allowed to enter Canada
• The CBSA is responsible for designated ports of entry while the Royal Canadian Mounted Police (RCMP) is responsible for interceptions between the designated ports of entry
• The CBSA works closely with the Canadian Security Intelligence Service and RCMP on cases where there are concerns of national security, war crimes, criminality and organized crime

Investigations/Arrests

• It is not a practice of the CBSA to divulge whether an individual or commercial entity is under investigation, or has been arrested
• When a complaint or a tip is received by the CBSA, and where there is sufficient information, the Agency may investigate and gather evidence in efforts to substantiate the allegation
• The CBSA uses many investigative techniques in pursuing tips received from the public
• The CBSA's priority for enforcement action is high-risk persons – those who pose a threat to national security (such as terrorists), war criminals, and human rights violators, as well as criminals themselves and those involved in organized crime

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 to, or to remain in, Canada who are inadmissible and may represent a risk
• The CBSA works with domestic and international partners to identify persons who may be inadmissible to Canada under the Immigration and Refugee Protection Act for a variety of reasons including, but not limited to, terrorism, espionage, human rights violations and organized crime
• Under the NSS Program, the CBSA is responsible for screening select temporary and permanent resident applicants, including refugees from abroad selected for resettlement by Immigration, Refugees and Citizenship Canada (IRCC), and all adult, in-Canada asylum claimants
• The NSS 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

Safe Third Country Agreement (STCA)

• The STCA is an agreement between the governments of Canada and the United States to better manage the flow of refugee claimants at the shared land border. It has been in effect since December 2004 and only applies at ports of entry
• Since 2017, Canada has been in continuous contact with the U.S. on border issues, including the desire to modernize the STCA
• Under the STCA, persons who are seeking refugee protection must make a claim in the first country they arrive in (U.S. or Canada), unless they qualify for an exception to the Agreement
• The agreement is in effect at:
  • Canada-U.S. land border crossings
  • by train; or
  • at airports, only if the person has been refused refugee status in the U.S., and is in transit through Canada after being turned away from the U.S.
• STCA exceptions include claimants that:
  • have a family member in Canada
  • are an unaccompanied minor
  • hold a valid travel document issued by Canada
  • are from a visa-exempt country for Canada, but require a visa to enter the U.S.

Enforcement during the pandemic

• With COVID restrictions in place, most asylum seekers who enter between the ports of entry are temporarily directed back to the U.S. after leaving the CBSA their contact information. Exceptions include:
  • U.S. citizens
  • stateless habitual residents of the U.S.
  • unaccompanied minors
  • national or public interest cases
• The CBSA has started contacting refugee claimants who previously made a claim between ports of entry and were directed back to the U.S. to determine their vaccination status. Vaccinated claimants are prioritized for processing and the CBSA will take steps to facilitate their return so they can pursue their claim in Canada
• Individuals who made a refugee claim at a port of entry continued to be processed during the pandemic

Unfair trade practices

• The CBSA continues to crack down on unfair trade practices by carrying out verifications and investigations
• By taking action against unfair trade practices, the CBSA defends Canadian domestic industries, which helps protect Canadian jobs
• All trade partners and commercial goods must comply with legislation, requirements and the measures in force to be admissible into Canada

Hot/Ongoing issues

COVID-19

Issue

Since January 2020, the CBSA has implemented and enforced border control measures designed to restrict travel and reduce the spread of COVID-19. These measures are regularly revised to reflect changing pandemic conditions.

Proposed response

• The health and safety of Canadians is of utmost importance and remains the Government's top priority
• The Government of Canada will continue to use an evidence- and risk-based approach when easing border and travel restrictions
• The CBSA is taking the necessary and appropriate measures – including implementing all new mandated health controls and maximizing resources – to continue to manage the border, maintain operational flexibility, and respond to service demands
• The CBSA works closely with its public health counterparts to ensure that border measures are implemented to limit the spread of COVID-19 in Canada

Migration

Issue

Preserving the integrity of the immigration system is a shared mandate between the CBSA and IRCC. Together, the CBSA and IRCC administer the Immigration and Refugee Protection Act (IRPA), which governs both the admissibility of people into Canada, and the identification, investigation, detention and removal of those inadmissible under the Act.

Proposed response

• The CBSA works with other government departments, such as the RCMP and IRCC, to maintain border security and preserve the integrity of the immigration system
• From 2017 to 2018, Canada experienced significantly greater volumes of claimants seeking entry at well-known crossing sites between ports of entry. During that same period, Canada also saw a steady increase in refugee claimants at airports and in Canada
• Since the onset of border restrictions brought about by the COVID-19 pandemic, the number of refugee claims have been significantly reduced
• The CBSA ensures that asylum claimants are treated with compassion and efficiency while administering required health and safety measures at the border as a result of the pandemic

Afghanistan resettlement

• Border management must continually adapt to keep pace with changes and disruption around the world. The CBSA is proud to be supporting the government's humanitarian efforts on the resettlement of Afghan nationals in Canada
• The CBSA continues to take all the necessary steps to ensure all persons undergo a thorough admissibility screening as we do with all travellers to Canada

Removals

Issue

The CBSA, under the Immigration and Refugee Protection Act, is required to remove persons subject to an enforceable removal order (including failed refugee claimants) as soon as possible.

Proposed response

• The CBSA has a legal obligation to remove individuals who are subject to an enforceable removal order in Canada as soon as possible. The CBSA is firmly committed to doing so
• The CBSA works to ensure a timely processing and removal of serious inadmissible persons to Canada on safety or security grounds, organized crime, crimes against humanity, criminality and failed refugee claimants
• The timely removal of failed claimants plays a critical role in supporting the integrity of Canada's asylum system and contributes to the Government of Canada's security and public safety priorities

Immigration detention

Issue

Through the National Immigration Detention Framework (NIDF), the CBSA is addressing long-standing challenges in immigration detention that will lead to a more humane, dignified, and risk-based detention process.

Proposed response

• The Government of Canada is committed to creating a better, fairer immigration detention system, including reducing the use of provincial jails for immigration detention
• Immigration detention is a measure of last resort and used only in limited circumstances, and only after alternatives to detention are first considered
• The CBSA has developed enhanced national immigration detention standards through the NIDF regarding the treatment of detainees in Immigration Holding Centres and non-CBSA detention facilities (in other words, provincial facilities)
• These standards reflect the CBSA's ongoing commitment to improving immigration detention conditions to ensure that all individuals are treated in a dignified and humane manner in line with their level of risk. The standards ensure national consistency in the administration of the detention program

Goods produced by forced labour

Issue

As a result of the Canada-United States-Mexico Agreement (CUSMA), Canada imposed an importation ban on goods produced by forced labour in July 2020.

Proposed response

• The Government of Canada is committed to upholding human rights and international labour standards
• The CBSA works closely with Employment and Social Development Canada (ESDC), Global Affairs Canada and other departments, to identify goods produced by forced labour and prevent their entry into Canada
• ESDC is actively monitoring and gathering evidence related to problematic supply chains, which is then shared with the CBSA
• The CBSA uses this information in its risk analyses to identify, intercept, and prohibit shipments containing goods produced by forced labour
• The CBSA is also working closely with international allies to leverage intelligence and information and share best practices

Canada-United States relations

Issue

Canada is committed to maintaining a bilateral border management relationship with key U.S. partners that support the CBSA's mandate and advance the Government of Canada's interests and priorities.

Proposed response

• Canada and the U.S. share the longest, non-militarized, secure border in the world, where almost 400,000 people and $2 billion in goods and services cross daily
• Canada and the U.S. have a comprehensive system in place to ensure border security, and share the objective of keeping the border open to legitimate trade and travel, while mitigating the risks posed by terrorists, criminals and threats to health and safety
• The CBSA has a longstanding and highly productive relationship with its U.S. partners, driven by information sharing, collaboration, and technology, allowing both countries to act swiftly when needed
• This strategic relationship was renewed in February 2021. Both countries agreed on a joint Roadmap to advance:
  • a coordinated approach based on science and public health criteria when easing Canada-U.S. border restrictions
  • the creation of a cross-border task force to address gun smuggling and trafficking
  • strengthening the U.S.-Canada Action Plan on Opioids
• Canada continues to work on potential traveller preclearance pilots at the land border, and on Canadian preclearance of cargo in the U.S., giving Canada an opportunity to improve program integrity and facilitate legitimate travel and trade
• Our relationship with our U.S. partners ensures we can continue to operate in a pandemic and post-pandemic environment that mitigates public health risks, while continuing to facilitate legitimate trade and travel and interdicting threats

Border crossing and Indigenous People

Issue

The creation of Canada's borders physically divided many Indigenous Nations and their traditional lands. This poses complex challenges to their cross-border movement, which impacts traditional practices, economic opportunities and familial and cultural ties. Indigenous Peoples in Canada have long expressed concerns regarding their mobility rights, challenges crossing the Canada-U.S. border and Inuit mobility in the North.

Proposed response

• The CBSA is committed to ensuring that Indigenous peoples continue to be able to move within and between their communities, and are able to provide and access essential goods and services
• Persons registered as an Indian under the Indian Act have the right to enter and remain in Canada under the Immigration and Refugee Protection Act
• At the CBSA, work to address Indigenous Peoples' border crossing issues is stewarded by an Indigenous Affairs Secretariat (IAS), a dedicated, permanent body formed in 2018
• The IAS provides the CBSA with the capacity to address Indigenous matters knowledgeably, mindfully, and effectively, and guides the CBSA's work on reconciliation
• By taking a distinctions-based approach and working collaboratively internally and with concerned Indigenous Nations and individual communities, the CBSA is able to identify and advance workable and sustainable solutions to a number of border crossing concerns

Opioids

Issue

The opioid crisis continues to pose a serious threat to the safety and security of Canadians. The CBSA is a major contributor to the government's efforts to stem the illicit flow of fentanyl and its related substances at the border.

Proposed response

• The Government of Canada is committed to addressing the opioid crisis to ensure the health, safety and security of Canadians
• The CBSA continues its efforts to combat the smuggling of toxic substances and decrease the risk of harmful opioids going undetected and entering Canada. Some of the key steps taken to combat this crisis include:
  • implementing a total of 81 Designated Safe Examination Areas at ports of entry to allow for the safe and efficient examination of goods suspected to contain toxic substances
  • launching three Designated Safe Sampling Areas allowing for on-site testing and analysis by chemists of suspected highly toxic substances
  • training six detector dog teams on the fentanyl scent and deploying them to the field
  • participating in the Organized Crime Joint Operations Centre whose objective is to detect, disrupt, and dismantle criminal networks and help keep illegal fentanyl out of Canada
  • implementing amendments to the Customs Act and other related acts to better equip both health and law enforcement officials to reduce the harms associated with drug and substance use in Canada
  • providing employees with enhanced personal protective equipment and updating the procedures for handling highly toxic substances

Firearms and organized crime

Issue

Federal, provincial and territorial governments are collaborating to: support community-level prevention and enforcement efforts; build and leverage unique federal expertise and resources to advance intelligence related to the illegal trafficking of firearms; and invest in border security to interdict illicit goods including guns and drugs.

Proposed response

• Firearms and weapons are high-risk commodities and the interdiction of these weapons is a CBSA enforcement priority
• The Agency protects Canadians by enforcing existing firearms laws at the border. Border Services Officers are the first line of defence in protecting Canadians from illegal weapons and other contraband
• The CBSA is leading a cross-border task force on behalf of the Government of Canada that will ensure that law enforcement partners on both sides of the Canada-U.S. border benefit from shared intelligence, information, and partnerships, so that they can detect and intercept the illegal movement of firearms at the border
• The CBSA works closely with its domestic and international law enforcement partners to ensure the protection and safety of Canadians

NEXUS

Issue

NEXUS enables its members to enter either country more quickly and easily by using automated self-serve kiosks in the air mode of travel, dedicated lanes in the land mode of travel, and by calling Telephone Reporting Centres prior to arrival in the marine mode of travel.

Proposed response

• The CBSA's NEXUS Trusted Traveller Program is designed to simplify the border clearance process for pre-approved, low-risk travellers entering Canada
• This program allows the CBSA to focus its resources on travellers of high or unknown risk, while reducing overall border processing times
• NEXUS is a joint Canada-United States program that had approximately 1.9 million members in 2019 to 2020
• Efforts are underway to resume enrollment interviews for NEXUS applicants, which were paused in response to the COVID-19 border restrictions
• In 2020 to 2021, the CBSA continued the NEXUS modernization initiative by using facial biometric technology and deploying new devices for traveller verification at nine NEXUS airports. This helps the NEXUS program better align with global trends and simplifies the reporting process for trusted travellers in the air mode
• The CBSA continues to work with airport authorities to improve the program's efficiency and enhance client services

Biometrics

Issue

Biometric verification technology provides global border management authorities, including the CBSA, with an effective tool to balance security and facilitation objectives at the border. Increasing the use of biometric facial matching technology is central to the CBSA's efforts to modernize travel. It will transform how international travellers are processed by transitioning away from manual, paper-based processes that rely on in-person interactions with frontline officers and/or kiosks, and embracing innovative technology at Canada's border, particularly biometrics (facial verification/matching).

Proposed response

• In Canada and around the world, border management organizations are using biometric technology to confirm the identity of travellers through automated border kiosks/gates
• The CBSA currently uses biometric data in different ways across its business lines — primarily for traveller and immigration facilitation, asylum processing, immigration enforcement, and investigations and forensics. One example is the use of traveller processing kiosks at major Canadian airports
• Canada is increasing its use of biometric matching technology. Biometrics, including fingerprints and photographs, are used to identify a person by comparing the unique physical characteristics between a live person and a source of information (such as a passport)
• The use of biometric data underpins the CBSA's efforts to modernize travel as it offers a reliable and accurate tool to establish a person's identity and enable the streamlined and touchless processing of low-risk travellers
• The CBSA pursues the modernization of all its programs with a consistent, standards-driven approach while protecting the privacy of Canadians

Workplace culture

Issue

The CBSA's senior leadership recognized the need for action after reviewing the Public Service Employee Survey results over a number of years, expressions of employee concern and often tense union-management relations. In addition, the results of the Office of the Auditor General's 2019 audit on Respect in the Workplace further informed the Agency's need to take more serious action to improve workplace culture.

Proposed response

• The CBSA takes the health and well-being of its employees seriously and recognizes the importance of fostering a workplace culture that is respectful and free of harmful behaviours
• The CBSA understands that bringing lasting change to the Agency's workplace will take persistent and sustained action on the part of the entire organization over a number of years
• The CBSA is working towards a culture founded on trust and engagement. We have already begun to implement a five-year plan and we are taking some steps to address culture challenges by:
  • undertaking a thorough diagnosis of the Agency's current culture
  • developing a Culture Ambassador network with representatives in every branch and region to improve the Agency's workplace culture
  • launching a leadership development strategy that is more focused on people management and leader character
  • aligning policies and practices (performance management, awards and recognition) with the culture the Agency aspires to
  • engaging employees directly through discussion sessions with experts and senior management, as well as through Pulse Check Surveys. These activities have been especially important and helpful during the pandemic
  • conducting workplace culture assessments to determine where and how we need to improve
• Additionally, the Agency has developed and implemented its Respectful Workplace Framework which includes strategies designed to tackle harassment, discrimination and workplace violence head-on

External review of the CBSA

Issue

The CBSA is currently the only agency within the Public Safety portfolio not subject to an independent external review and complaints body for its non-national security activities, and the only member of the Border Five without an independent review body for its border agency.

On January 27, 2020, Bill C-3, An Act to amend the Royal Canadian Mounted Police Act and the Canada Border Services Agency Act and to make consequential amendments to other Acts, was introduced to establish an independent review and complaints body for the CBSA. Bill C-3 did not complete the legislative process before prorogation on August 18, 2020.

Proposed response

• The Government of Canada is committed to ensuring that our border services are worthy of the trust of Canadians, and we are strengthening accountability
• The Agency addresses complaints and concerns through its recourse programs to ensure that the public receives consistent, fair, and equal treatment when receiving services at the border
• The CBSA will continue to work with its Government of Canada counterparts should legislation for an external review body be introduced in the next Parliament

Key contacts

John Ossowski
President
Tel: 613-952-3200
Email: john.ossowski@cbsa-asfc.gc.ca

Jag Johnston
Chief of Staff, President's Office
Tel: 613-957-2779
Email: jag.johnston@cbsa-asfc.gc.ca

Ted Gallivan
Executive Vice-President
Tel: 613-946-2988
Email: ted.gallivan@cbsa-asfc.gc.ca

Vacant
Chief of Staff, Executive Vice-President's Office
Tel: 613-946-2987

Scott Millar
Vice-President, Strategic Policy Branch
Tel: 613-941-4937
Email: scott.millar@cbsa-asfc.gc.ca