Overview: Ministerial transition 2023

CBSA overview

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.

Vision

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

Traveller facilitation

What we do

• Facilitate the flow of legitimate travellers (citizens, permanent residents and visitors) across the border
• Collect duties and taxes on legitimate goods
• Deter and seize contraband (for example, firearms, drugs, and other illicit goods) from travellers

Priorities and pressures

• Travel trends returning to pre-pandemic volumes and migration trends orders of magnitude higher
• New international flights, for example, Mexico-Hamilton direct flight is a new asylum pathway
• Travel and border delays attract media attention in a dynamic environment

Advance Declaration: integrated into ArriveCAN last summer, the optional Advance CBSA Declaration allows travellers to make their customs and immigration declaration up to 72 hours before flying into one of Canada's 10 participating airports.

Traveller Modernization: Budget 2021 provided $656.1 million / five years and $123.8 million ongoing to improve the safety and security of Canada's border by providing CBSA officers with tools and technology to process travellers more efficiently, while also introducing easyto-use technology for travellers.

Commerce and trade

What we do

• Facilitate the flow of legitimate goods across the border, supporting trade and commerce
• Implement trade agreements, as well as anti-dumping and countervailing duties
• Examine goods, including food, animal and plants for threats to human health, agriculture and the environment, such as African Swine Fever and invasive alien species
• Deter and seize contraband, for example, firearms, drugs, and other illicit goods
• Collect duties and taxes on legitimate imports

Priorities and pressures

• Increasing trade volumes and changing landscape (for example, supply chain resiliency and new service demands on CBSA's facilities)
• 228% increase in volumes driven by e-commerce since 2014 to 2015 is challenging enforcement and revenue collection

CBSA Assessment and Revenue Management (CARM)

A multi-year initiative to modernize and streamline the process of importing commercial goods imported into Canada, and transform the collection of related duties and taxes

Immigration and asylum

What we do

Minister of Immigration Refugees and Citizenship sets policy

• Screen travellers for immigration status and admissibility
• Process irregular asylum seekers at Ports of Entry

Priorities and pressures

• In 2022, the CBSA received an unprecedented 74,000 asylum claims, volumes are up 114% at land borders and 107% in airports this year to date and expected to continue rising
• CBSA processes 70% of all asylum claims. Processing claims can impact border wait times - one refugee claim is the equivalent of 300 to 400 routine travellers at the land border
• Temporary Resident Visa changes (reduced assessment criteria) are also having expected impact in higher volumes of claims, resulting in frontline and downstream impacts to CBSA
• In 2022, 36,567 flagpoling applications for study and work permits were processed by the CBSA, impacting border services in southern Ontario, Pacific and Quebec regions
• CBSA is on track to process 50,000 access to information requests from individuals seeking access to their immigration records from the system CBSA shares with IRCC

Intelligence and enforcement

What we do

• Work with law enforcement partners to find and remove inadmissible foreign nationals from Canada
• Deter and counter terrorism, human trafficking and money laundering
• Administer immigration detention, including alternatives to detention

Priorities and pressures

• Export Controls: Intelligence and information sharing to target outbound shipments that violate counter proliferation and sanctions regimes (for example, Russia) as well as illegal drugs (for example, fentanyl)
• Transnational criminal organizations are employing increasingly sophisticated concealment methods
• Rising incidence of smuggling, counterfeit goods, human trafficking, money laundering and proceeds of crime
• Decisions by provinces to end their agreement to detain high risk individuals on behalf of CBSA before the proper infrastructure can be put in place
• High removals inventory set to increase with record high levels of regular and irregular asylum exacerbated by certain countries' recalcitrance in providing travel documents to enable the removal of their citizens
• Combatting the illegal importation of opioid precursor chemicals is a key priority while also focusing on the increasing export of fentanyl from Canada
• Increasing geopolitical conflict – need to enforce sanctions against Russia, Iran and the designation of Iran as a regime that has engaged in terrorism and systematic and gross human rights violations

Advancing reconciliation

• CAN-US border physically divides Indigenous Nations and traditional lands, posing challenges to cross-border movement, traditional practices, economies, and familial and cultural ties
• Multiple federal mandates impact Indigenous border mobility: IRCC, Indigenous Services, CIRNAC, Global Affairs, Public Health Agency
• Guided by CBSA's Indigenous Framework and Strategy, we work collaboratively and proactively with departments and Indigenous partners to address border crossing issues and barriers

International cooperation

The agency depends on international partners for access to information, facilities and tools abroad to interdict inadmissible people and goods early and to disrupt illicit border-related activity:

• Five Country Ministerial: annual meeting of the security and immigration ministers of the Five Eyes: Australia, Canada, New Zealand, the United Kingdom, and the United States
• Border Five: forum for Five Eyes agency heads to influence border management discussions and promote their common interest
• World Customs Organization: Canada is seen as a leader among 185 members representing 98-percent of global trade, focused on customs matters with various technical, policy and decision-making bodies
• United States: the CBSA has a unique and constructive relationship with its U.S. counterparts at the Customs and Border Protection within the Department of Homeland Security

Summer is CBSA's operational peak

The agency is midway through its Summer Action Plan. While there will be wait times exceeding our service standards, particularly on long weekends, there has thus far been few significant delays.

• Deploying over ~700 Student BSOs (annual avg.) to work in lower risk areas (for example, Vancouver cruise ship terminal, airports) for additional support
• Deploying approx. ~50 Officer Induction Development Program recruits to Windsor to bolster capacity across operations in Southern Ontario
• Maximizing Primary Inspection Line assignment, accounting for 50% of BSO time in peak hours
• Limiting non-essential assignments, training and exercises over the summer peak period
• Increasing planning, forecasting, and data analytics to inform and improve operational management
• Using of the Surge Capacity Application to respond to significant resource demands at pressure points

Re-distributing the available workforce

Maximize workforce by reallocating resources to support higher volume operations, leveraging untooled officers (NEXUS enrolment, Telephone Reporting Centres) and using student Border Services Officers (BSO), where possible.

Using Advance CBSA Declaration and Express Lanes

Advance Declaration in place at 10 international airports; early results show users are processed 30% faster on arrival at Primary Inspection Kiosks.

Implementing operational support measures

• Continued use of IT solutions to expedite study permit processing
• Identify and allocate low-risk functions to untooled officers
• Engage partners and industry on operational issues and contingency plans

Proactive monitoring and planning to maintain high quality service

• Monitor service levels through Fall 2023. Deploy operational response plans to maintain optimal service levels
• Engagement with federal partners to ensure CBSA is well-positioned to respond to new and emerging priorities and ensure border impacts are considered in decision-making

Bottom lines

• Across the board volume increases impact the border service experience (for example, sustained, high level of irregular migration, increasing incidents of fentanyl being exported from Canada, etc.)
• CBSA is significantly influenced by the mandates and decisions of other departments
• Significant digitization and modernization efforts are underway, full dividends will come over time
• Early engagement of colleagues on key issues will be important
• CBSA has a role to play in enhancing public trust in institutions through many of its business lines (seizures, removals) and there are opportunities to communicate this contribution

Annex: Summer 2023 volume projections

August 2023

• August 3 to 7: Toronto Caribbean Carnival
• August 5 to 7: Civic Holiday Long Weekend
• August 11 to 13: Abbotsford Air Show
• August 10 to September: NFL games in Buffalo, Detroit, and Seattle
• August 20 to September 4: Pacific National Exhibition Fair
• August 28: US Tennis Open in Queens, NY

Summer 2023 projections (June to August)

• Traveller Volumes: 25 million (within 9% of 2019)
  • Air Mode: 9.5 million (within 4% of 2019)
  • Land Mode: 15.6 million (within 12% of 2019)
• Work Permits: 149,000 (149% increase over 2019)
• Study Permits: 181,000 (164% increase over 2019)
• Seizures: Same or more than 2019 volumes expected
• Commercial Express Shipments: 55 million+ (160% increase over 2019)
• Port of Entry Commercial Releases: 7.7 million (14% increase over 2019)

Summer 2023 projected border wait times of 60+ minutes (land border)

Expecting +/- 2019 volume (92 wait times)

• Pacific Region: Douglas, Pacific Highway, AbbotsfordHuntingdon, Aldergrove
• Prairie Region: Coutts, Emerson, and North Portal
• Southern Ontario Region: Ambassador Bridge, Rainbow Bridge, Blue Water Bridge, Peace Bridge, Queenston Bridge, and the Windsor Tunnel
• Northern Ontario Region: Lansdowne, Fort Frances, and Cornwall
• Quebec Region: Lacolle and St. Armand
• Atlantic Region are most likely to see sporadic events

Summer 2023 projected border wait times of 60+ minutes (air port of entry)

Expecting +/- 2019 volume (16 wait times)

• Pacific Region: Vancouver Airport
• Greater Toronto Area Region: Pearson Airport and Hamilton Airport
• Quebec Region: Trudeau Airport

Placemat

CBSA service locations

• 207 Airports
• 117 Land Border Crossings
• 26 Rail Offices
• 9 Ferry Terminals
• 405 Small Vessel Reporting Sites
• 973 Warehouses
• 213 Commercial Vessel Clearance Facilities
• 50 CBSA Inland Offices
• 3 Immigration Holding Centres
• 3 Mail Processing Centres

Our global footprint

• The International Network helps to "push the border out' by supporting capacity building initiatives worldwide
• In 2022, international Liaison officers intercepted 6,871 people who were trying to come to Canada through fraudulent means

Figure 1 - Text version

USA and Caribbean

• 1) Washington, D.C.
• 2) Los Angeles
• 3) Miami
• 4) New York
• 5) Santo Domingo
• 6) Kingston

Mexico, Central and South America

• 7) Lima
• 8) Mexico City
• 9) Panama City
• 10) Sao Paulo
• 11) Bogota

Europe

• 12) Berlin
• 13) Brussels
• 14) London
• 15) Paris
• 16) Rome
• 17) The Hague
• 18) Vienna
• 19) Warsaw

Africa

• 20) Accra
• 21) Nairobi
• 22) Pretoria
• 23) Rabat
• 24) Abuja

Middle East

• 25) Amman
• 26) Dubai
• 27) Istanbul

North Asia

• 28) Islamabad
• 29) New Delhi
• 30) Beijing
• 31) Hong Kong
• 32) Shanghai
• 33) Tokyo
• 39) Ho Chi Minh City
• 40) Hanoi

South East Asia

• 34) Bangkok
• 35) Colombo
• 36) Kuala Lumpur
• 37) Singapore
• 38) Canberra

Average CBSA processing times

• Land Border – Primary: 66 seconds
• Air Port of Entry – Primary Inspection Kiosks: 186 seconds
• Work Permits: 13 minutes
• Study Permits: 8 minutes (air) / 19 minutes and 45 seconds (land)
• Refugee Claim: 6 hours
• Seizures: 48 minutes (air) / 1 hour and 14 minutes (land)
• Commercial – Primary: 26 seconds
• Commercial – Secondary: Up to 4 hours and 50 minutes

Welcoming travellers into Canada and promoting economic prosperity

In 2019, the CBSA welcomed over 94 million travellers into Canada before decreasing significantly during the COVID-19 pandemic as a result of temporary health travel restrictions. With the re-opening of Canada's border, the CBSA is again managing high volumes of travellers as well as the significant rise in e-commerce volumes driven by lasting changes in consumer behaviour.

Keeping Canadians safe

The CBSA Plays an integral role in ensuring the safety and security of Canadians as Canada's first line of defense at 1,200 ports of entry and works diligently to protect Canada from border-related threats. While the agency aims to keep out all contraband, it continues to focus particularly on illegal drugs and firearms.

Mandate letter

Legislative authorities

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 100 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 document 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 Delegations and Designation documents contain delegations for the vast majority of the Ministerial and Presidential legislative authorities and designations for most officer authorities. The Delegations and Designation documents 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.

As one of the Government of Canada's largest frontline organization, the CBSA strives to respect the goals of the Official Languages Act and the Accessible Canada Act. The Official Languages Act requires that the CBSA provides services of equal quality in both official languages at all major Ports of Entries (POEs), in all designated bilingual regions, and Official Languages Minority communities. The Accessible Canada Act requires that the CBSA, which is a part of the transportation continuum, provide barrier-free services to the traveling public and its clients.

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. The table below highlights the differences between the Ministerial and Presidential responsibilities regarding the agency under this act.

The President approves most of CBSA's Delegations and Designation documents, with the exception of the Immigration and Refugee Protection Act (IRPA) DD Document. 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 Delegations and Designations. The President is asked to approve the Delegations and Designationsto 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 Delegations and Designation document.

In total, there are six non-delegated authorities of the Minister under the Customs Act, as well as three non-delegated authorities of the President (see the table below).These authorities are exercised infrequently and under specific circumstances.

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 the Immigration and Refugee Protection Act (IRPA) is mainly divided between the Minister of Public Safety and Emergency Preparedness and the Minister of Immigration, Refugees and Citizenship. Each minister has sole responsibility for some aspects of the Immigration and Refugee Protection Act, while the two 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 Immigration and Refugee Protection Act 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 document delegating his powers, duties or functions per subsection 6(2) of the Immigration and Refugee Protection Act.
The President retains the authority to make all designations not falling under the ambit of subsection 6(2).

Almost all authorities within Immigration and Refugee Protection Act 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 Immigration and Refugee Protection Act, which are included in the CBSA Immigration and Refugee Protection Act Delegations and Designation document. 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 Immigration, Refugees and Citizenship 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 Immigration, Refugees and Citizenship 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 Immigration and Refugee Protection Act. The Minister of Public Safety has not delegated the authority to make such a request to the Minister of Immigration, Refugees and Citizenship.

Where the Court makes such a declaration, it constitutes a removal order against the person under the Immigration and Refugee Protection Act; 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:

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. Three authorities belong to the Minister, and these were delegated to the President as follows:

The United Nations Declaration on the Rights of Indigenous Peoples Act

The United Nations Declaration on the Rights of Indigenous Peoples Act (UNDA) affirms the United Nations Declaration on the Rights of Indigenous Peoples (the Declaration) as a universal international human rights instrument with application to Canadian law and provides a framework for its implementation. The act sets out three statutory obligations to be completed in consultation and cooperation with Indigenous peoples including ensuring that the laws of Canada reflect the standards set out in the Declaration.

Although the Minister of Justice has been identified as the designated Minister for the purpose of the United Nations Declaration on the Rights of Indigenous Peoples Act , the obligations to take measures to ensure consistency of laws fall to each Minister and their respective departments and agencies. The CBSA's role is part of a whole-of-government approach in implementing the act. Each directorate, branch and region is responsible for assessing how the Declaration and the United Nations Declaration on the Rights of Indigenous Peoples Act impact their business lines in relation to their legislative responsibilities.

The CBSA is also working with Immigration, Refugees and Citizenship Canada to consult and cooperate with Indigenous partners and organizations in the fall of 2023 to develop options to amend the right of entry to Canada under the Immigration, Refugee and Protection Act. The consultation may result in amendment(s) to section 19 of the Immigration and Refugee Protection Act or the creation of new legislation in order to address the longstanding calls by Indigenous peoples on the impacts of Canada's international borders.

The Indigenous Languages Act, An Act Respecting Indigenous Languages

The Indigenous Languages Act, which responds to the Truth and Reconciliation Commissions Calls to Action 13 to 17, received Royal Assent on June 21, 2019. Under section 6 of the act entitled 'Rights Related to Indigenous Languages', the Government of Canada recognizes that the rights of Indigenous Peoples recognized and affirmed by section 35 of the Constitution Act, 1982, includes rights related to Indigenous languages.

The overall purpose of the act is to support the efforts of Indigenous Peoples to reclaim, revitalize, maintain and strengthen Indigenous languages, including establishing a framework to facilitate the effective exercise of Indigenous peoples rights that relate to Indigenous languages. The recognition and implementation of rights related to Indigenous languages are at the core of reconciliation with Indigenous peoples and are fundamental to shaping the country. The Government of Canada is committed to implementing the United Nations Declaration on the Rights of Indigenous Peoples, which also affirms rights related to Indigenous languages.

Indigenous languages were the first languages used in the lands that are now in Canada and they played a significant part in the establishment of relations between Europeans and Indigenous peoples. These languages contribute to the diversity and richness of the linguistic and cultural heritage of Canada, however, a history of discriminatory government policies and practices were detrimental to Indigenous languages and contributed significantly to the erosion of those languages. The status of Indigenous languages varies from one language to another. There is a critical loss of Indigenous languages and an urgent need to maintain, revitalize and promote them and support the efforts of Indigenous peoples to reclaim and strengthen them.

Although the Minister of Heritage is the designated Minister supporting the Indigenous Languages Act alongside the Commissioner and Directors of Indigenous Languages, the obligations to take measures to ensure consistency and implementation of this law falls to each Minister and their respective departments, agencies and Crown corporations. The CBSA's role is part of a whole-of-government approach in implementing this act. Each branch, region and directorate is responsible for assessing how the Indigenous Languages Act impacts their business lines in relation to their legislative responsibilities.

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, 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 Ports of Entry designation is implied. Under section 26.1 of the Immigration and Refugee Protection Regulations, the Minister also has the authority to specify whether certain listed immigration services will be provided at designated Ports of Entires (for example, collection of biometric data or reception of an application for a work permit). These two authorities in relation to Ports of Entry have not been delegated, and therefore the Minister's approval is required for every modification to the immigration services offered at a Ports of Entry 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 Document on March 7, 2023.

Next steps

The agency has amended some CBSA Delegations and Designation document in 2022 to 2023 to reflect its regular operational environment, but also to react to the post-COVID-19 pandemic, especially regarding the Customs Offices and Ports of Entry designation. Further updates are expected in the upcoming months to adjust the Delegations and Designation documents to reflect modifications to the organizational charts and changes in the operational needs of the agency. It is your diligent response to these proposed modifications to the Delegations and Designation documents that provide the CBSA the flexibility it requires to adapt the border authorities to the current situation. Future briefings will be arranged as required.