Ministerial transition 2019 — Minister's book: Key programs

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Trusted Traveller Programs

CBSA's Trusted Traveller Programs are designed to simplify the border clearance process for pre-approved, low-risk travellers entering Canada. The overall objectives of these programs are to increase the efficiency of border processing; facilitate low-risk, pre-approved travellers into Canada; and to allow the CBSA to identify and focus on travellers of "unknown" or "higher" risk in specific modes of travel (land, air and marine).

Membership in CBSA's Trusted Traveller Programs may be revoked or suspended for failure to comply with the eligibility requirements of the programs. This includes non-compliance with customs and immigration legislation, or any other related laws the CBSA administers and enforces.

Depending on the severity of the violation, the CBSA can impose penalties and seize any goods or conveyances used to carry goods imported in contravention of the Customs Act. Individuals may also be subject to immigration enforcement action or criminal prosecution.

NEXUS

NEXUS is a bilateral program for pre-approved, low-risk travellers entering Canada or the United States (U.S.) at designated air, land and marine ports of entry. NEXUS members can enter either country quickly and easily by using automated self-serve kiosks in airports, dedicated lanes at land border crossings, and by calling Telephone Reporting Centres (TRCs) before they arrive if they are travelling by boat or general aviation. In 2018 to 2019, there were 1.78 million members enrolled in the program.

NEXUS members must be 18 years of age to apply to the program and meet specific criteria in order to be eligible and enrolled in the program. This includes:

citizenship or permanent residence status in Canada or the U.S., or be a Mexican citizen with valid standing in the Viajero Confiable (trusted traveller) program
proof of legal residence in Canada or the U.S. for a minimum of 3 years before the date of application (for permanent residents). An exemption to this requirement may be granted under certain conditions
meeting thresholds for admissibility to Canada and the U.S. under applicable domestic immigration laws
passing background security checks conducted by Canada and the U.S.
meeting any and all other program requirements

Applications are processed through the U.S. Customs and Border Protection's Trusted Traveller Programs System, and individuals pay a $50 USD application fee. Applicants who pass the initial security check will be interviewed at a joint Canada–U.S. NEXUS enrolment centre, and their photograph, fingerprints and iris scan will be taken. The application process normally takes 6 to 8 weeks to complete and once issued, the NEXUS identification card is valid for 5 years.

CANPASS

CANPASS Corporate Aircraft and CANPASS Private Aircraft are two of CBSA's Trusted Traveller Programs that allow access to more airports and provide expedited clearances for up to 15 low-risk, pre-screened travellers on flights directly to Canada from the U.S. These programs allow for travellers to report to the CBSA by telephone before arriving in Canada. Although CANPASS Corporate Aircraft membership cannot be applied to chartered flights, the program applies to members of corporations who use a rented or leased aircraft instead of owning one.

To be eligible for CANPASS, individuals must:

be a citizen or permanent resident of Canada or the U.S. and have lived in Canada and/or the U.S. continuously for the last 3 years
be admissible to Canada under applicable immigration laws
have provided true and accurate information on the application
have not been convicted of a criminal offence for which a pardon or rehabilitation has not been granted
have not had a customs seizure within the past 6 years
not be in violation of any customs or immigration legislation
demonstrate a work-based relationship with the corporation (CANPASS Corporate Aircraft only)

In 2018 to 2019, there were 12,610 members enrolled in CANPASS air programs.

Traveller Preclearance

The recent coming into force of the Preclearance Act, 2016 (PCA 2016) enables the expansion of preclearance of travellers and goods between Canada and the United States (U.S.). This legislative framework provides new authorities to expand preclearance operations to all modes (land, air, rail and marine), allowing for opportunities for Canada to establish preclearance operations in the U.S. The foundational Agreement on Land, Rail, Marine and Air Transport Preclearance (LRMA) was also ratified and brought into force concurrent with the PCA 2016 on August 15, 2019.

The objective of preclearance is to improve and expedite the flow of legitimate trade and travel while continuing to ensure border security and integrity, as Canada and the U.S. have some of the highest levels of cross-border trade and travel in the world. Preclearance is an important activity to the economic prosperity of both countries as free and open trade generates jobs, growth and long-term prosperity.

In Canada-U.S. preclearance operations, border officers from the "inspecting country" carry out customs and immigration inspections in the "host country" before allowing goods or people to physically cross the border. For instance, in the rail mode, this could involve pre-clearing passengers and their luggage in Canada before passengers leave the train station, thereby avoiding a stop at the Canada-U.S. border.

The CBSA has almost completed its training of U.S. officers, who will be conducting preclearance procedures in Canada in designated preclearance sites (8 international airports). New officers will also receive the training as they onboard to the program.

Under the PCA 2016, U.S. preclearance officers are granted the authorities necessary to exercise the powers and perform the duties and functions related to U.S. immigration, customs, agriculture and public health or safety legislation to determine whether a traveller or goods bound for the U.S. are admissible. Further, U.S. preclearance officers are authorized to be armed and carry the defensive equipment CBSA officers carry in the same working environment under the same conditions. The key differing authorities between U.S. officers and CBSA officers are:

U.S. preclearance officers have the authority to detain a traveller and a good, but does not have the authority to arrest an individual or conduct an investigation
U.S. preclearance officers may conduct a personal search in the preclearance area, but only if the CBSA first declines to conduct it, or is unable to attend to perform the search
The authorities of a U.S. preclearance officer are limited to a specific area within facilities referred to as designated preclearance area. Within a broader preclearance perimeter, their authorities are further reduced (for example, no authority to perform a personal search or detain an individual)

While preclearance officers have civil immunity under the PCA 2016, they do not have immunity for criminal liability. Generally speaking, the Inspecting Party/Country has primary criminal jurisdiction over preclearance officers for acts committed in the performance of the officer's official duties, while the Host Party/Country would exercise primary criminal jurisdiction over acts committed by preclearance officers when they are off duty. The Party exercising primary criminal jurisdiction has sole decision making authority over how to address any allegations of criminality, including whether or not to prosecute.

Border clearance facilities at Canadian and U.S. land ports of entry are owned by each respective government, while those in other modes (air, rail and marine) are provided by third parties (airport authorities, marine terminal operators, etc.). As such, Canadian preclearance in these modes would be a market-driven initiative.

Currently, the CBSA is assessing options for preclearance pilot projects in the traveller mode.

Advanced Passenger Information / Passenger Name Record

Since 2002, commercial air carriers have been required to provide the CBSA with Advance Passenger Information (API) and, beginning in 2003, with Passenger Name Record (PNR) data they collect relating to all passengers on board Canada-bound commercial aircraft.

API/PNR data is used to identify potential high-risk individuals prior to their arrival in Canada and/or to help commercial airlines determine whether or not passengers have the appropriate travel document (for example, a visa or Electronic Travel Authorization) to enter the country. The use of API/PNR data to risk assess travellers can also assist in identifying potential serious transnational crimes (for example, human smuggling, terrorism). Risk assessment tools such as API/PNR also help the Agency to more efficiently process low-risk travellers entering Canada.

The CBSA follows strict guidelines to protect the privacy of passengers and crew members. The data is stored in a secure system accessible only by authorized CBSA officers. The use of this data is subject to an audit process and users are liable for any misuse.

Advance Passenger Information (API)

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

Passenger Name Record (PNR)

PNR data is used to assess unknown risks and to identify trends related to high-risk travellers. It is collected from commercial airlines' departure control and reservation systems, and is provided to border control agencies, including the CBSA, before travellers arrive in Canada. PNR data collection varies from one airline to the next and can include: the type of ticket; the date of travel; the number of bags being transported by an individual; and seating information. Currently, there is no ICAO standard for PNR data, and commercial airlines do not have to gather or provide any additional information not already collected for their own business purposes. PNR is considered more sensitive than API from a privacy perspective, because it captures individual-specific data, such as the traveller's itinerary, ticketing and baggage information.

In July 2017, the Court of Justice of the European Union found that a 2014 draft agreement between the CBSA and the European Union (E.U.) was incompatible with E.U. privacy law, and as such, a renegotiated agreement was required. [redacted]

Interactive Advance Passenger Information (IAPI)

The IAPI electronic system allows commercial airlines to provide API data to the CBSA prior to take-off. This information helps commercial airlines determine whether a traveller has the appropriate travel documentation to enter Canada (for example, a Visa or an Electronic Travel Authorization). The IAPI functionality gives the CBSA the capacity to provide a board/no-board message to commercial air carriers relating to the passengers onboard the commercial air carrier's flight. This assists commercial air carriers in determining whether or not to proceed with boarding a passenger pursuant to their transporter obligations. Upon arrival in Canada, all travellers must still present themselves to a Border Services Officer, and present the appropriate travel documents.

Data Retention and Disclosure

API/PNR data is kept for three-and-a-half years from the date of receipt and then destroyed. If the subject of API/PNR data is under active investigation, the information is transferred to a CBSA enforcement database and kept for up to 6 years.

API may only be disclosed under the disclosure regime of section 107 of the Customs Act and section 8 of the Privacy Act.

When PNR data relates to terrorism or serious transnational crime, the CBSA may share it on a case-by-case basis with other government departments or foreign states. The CBSA will release the minimum amount of data necessary and only where the other government departments or foreign states provide the same type of protection offered by the CBSA.

Trusted Trader Programs

The CBSA's Trusted Trader Programs, which are administered by Canada alone, are designed to facilitate the movement of legitimate goods by providing streamlined and efficient border processes for pre-approved, low risk traders. This allows the Agency to focus resources on areas of higher or unknown risk while minimizing the impact of border processing on trusted program members.

Partners in Protection (PIP)

Partners in Protection (PIP) is a cooperative program between private industry and the CBSA aimed at enhancing border and trade chain security. This voluntary program has no membership fee and is designed to streamline and make border processes more efficient for low-risk, pre-approved businesses recognized as trusted traders. Members must abide by the roles and responsibilities outlined in the (PIP) Terms and Conditions of membership. In return, the CBSA assesses the company's physical, infrastructural, and procedural security, and recommends necessary improvements. This enhances the integrity of the company's production, transportation, importation and/or exportation processes.

Customs Self Assessment (CSA)

The Customs Self Assessment (CSA) program is designed for low-risk, pre-approved importers, carriers and registered drivers. To take advantage of the program, CSA-approved importers and carriers must use a registered driver to carry CSA-eligible goods into Canada in the highway mode.

The CSA program simplifies many of the import border requirements so that low-risk shipments can be processed more quickly and efficiently, saving businesses time and money. It also allows the CBSA to better focus its resources on identifying high-risk shipments that pose a potential threat to the health, safety or economic well-being of Canadians.

Trusted Trader membership accounts for 34% of the total Value For Duty of commercial imports into Canada. In 2018 to 2019, there were approximately 2,600 Trusted Trader members.

Cargo Preclearance

In support of the Government of Canada's commitment to facilitate of trade, the CBSA is developing a strategic plan for cargo preclearance operations in the United States (U.S.), commencing with implementing cargo preclearance proof of concept operations. Cargo preclearance represents a transformative opportunity to implement innovative and cost-effective methods to increase the efficiency and security of the Canada-U.S. border. Cargo preclearance aims to expedite service by allowing the Agency to make release/referral decisions on foreign soil resulting in improved predictability, time savings and less disruptions for industry.

The ratification of the Canada-United States Agreement on Land, Rail, Marine, and Air Preclearance (LRMA) and the coming into force of the Preclearance Act, 2016 (PCA, 2016) in August 2019 provided a new legal framework for Canada to conduct preclearance in the U.S. Although the LRMA provides the U.S. with the ability to implement cargo preclearance in Canada, it has not yet been established by the U.S. in Canada.

The CBSA has undertaken a modal analysis to determine which modes would be operationally suitable for cargo preclearance proofs of concept. The CBSA has committed to initiate proofs of concept that will allow for an evidence-based assessment of the best approach for future permanent cargo preclearance operations. Cargo operations at key locations in the U.S. will test operating procedures, infrastructure and logistics, while also assessing the impacts and benefits to stakeholders and the CBSA in a real-world context.

The implementation of cargo preclearance relies heavily on ongoing stakeholder input to identify opportunities which maximize economic, process, compliance, infrastructure and security outcomes. Stakeholders have been very supportive of the concept and have shown great interest in participating in the proofs of concept. Consultation with private industry and various government jurisdictions (local, state, provincial, regional, etc.) is ongoing and necessary to evaluate specific transport modes and site locations where cargo preclearance may provide benefits.

The CBSA will continue to lead, on behalf of the Government of Canada, the development of possible courier and rail proof of concept operations in the U.S. and industry stakeholders.

CBSA Assessment and Revenue Management (CARM)

CARM is a multi-year complete business transformation project, with significant information technology advancements. The project is expected to be completed by spring 2021. The project has a number of drivers and objectives, most notable are to become a global leader within the trade environment by providing a modern customs experience that is paperless by default using innovative tools and processes to make importing into Canada more efficient and streamlined, while ensuring the security of Canada's borders.

By bringing together and enabling 18 core processes, CARM aims to reduce administrative burden for importers and other trade partners, helping to improve Canadian competitiveness; increase Government of Canada revenues through the consistent assessment of duties and tax; and increase the CBSA's processing efficiency at the pre-arrival, accounting and post accounting phases of commercial goods importation. Together, these outcomes offer a net benefit over $1 billion within ten years of implementation.

CARM will also address concerns raised in 2009 by both the Auditor General of Canada and the Standing Committee on Public Accounts Committee with regard to the adequacy and integrity of the Agency's tax revenue accounting and reporting systems.

Once fully implemented, CARM will:

simplify the overall importing process
provide a modern interface for importing into Canada
give importers self-service access to their own information
reduce the cost of importing into Canada
improve consistency in trade rules and decisions
strengthen compliance verification and fraud detection

In July 2018, the Agency established a Trade Chain Partner Working Group to engage the trade community on the design of CARM. Their collective perspectives and expertise ensure that the CARM solution will streamline trade business processes and make trade easier in Canada. To date, engagement has been extremely positive; the trade community is truly invested in ensuring the future CARM solution meets the needs of CBSA and the trade community.

Anti-dumping and Countervailing

The Special Import Measures Act (SIMA) reflects Canada's implementation of the World Trade Organization's (WTO) Agreement on the implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (the Anti-Dumping Agreement) and the Agreement on Subsidies and Countervailing Measures. The legislation was enacted to help protect Canadian industries from material injury caused by the dumping and subsidizing of imported goods. The CBSA and the Canadian International Trade Tribunal (CITT) are jointly responsible for administering the SIMA.

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

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

A critical factor is whether the dumped or subsidized imports are causing, or threatening to cause, injury to the Canadian industry. Injury may be demonstrated through reduced prices, lost sales or market shares, decrease profits, or other such impacts.

The Process

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

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

Following the decision to start an investigation, the CBSA sends a copy of the complaint to the CITT. The CITT, independent from the CBSA, assumes the responsibility for the question of injury to the Canadian industry and conducts an inquiry into this question. The CITT holds public hearings where interested parties are allowed to present their arguments and question witnesses. Interested parties generally include Canadian producers and importers, as well as foreign exporters.

The process takes approximately 7 months from when the CBSA starts an investigation until the CITT makes a final decision on the injury matter. The CBSA's investigation and the CITT's inquiry are conducted separately but both are carried out during the same time period.

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

Non-Market Economy Situations

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

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

Supply Managed Goods

Canada's supply management system is designed to manage supply and demand in the agriculture sector while providing farmers with a fair return on investment. The system is made up of 3 pillars: production management; pricing mechanism (not government regulated); and predictable imports. This assists Canadian producers in managing their production and remaining economically competitive. The CBSA supports a number federal partners in administering the supply management regime in Canada.

Finance Canada has policy responsibility for the Customs Tariff Act, which the CBSA administers on its behalf. Global Affairs Canada is responsible for allocating import quota to companies, and issuing import permits based on the tariff classification of specific goods. The Canadian Food Inspection Agency is responsible for the safety and composition of imported and domestically produced food products.

In administering the Customs Tariff Act, the CBSA collects the duties and taxes owing to the Crown, and ensures that the appropriate permits are submitted with importations, where required. This is generally not done at the border, but rather, is managed through post-entry verification and trade compliance programs.

The Duties Relief and Drawback Programs administered by the CBSA improve the competitiveness of Canadian businesses by providing relief from the payment of duties on legally imported goods that are subsequently exported. In recent years, however, issues have been identified with respect to agricultural supply managed goods (dairy, poultry and eggs), an industry sector for which these programs were never specifically designed to provide relief.

Canada's agricultural supply managed goods industry, including the Chicken Farmers of Canada and the Dairy Farmers of Canada, have longstanding concerns around the potential circumvention of Canada's supply management regime, and its potential to negatively impact farmers and processors.

The CBSA will continue to administer those aspects of the supply management regime for which it is responsible through initiatives such as regular and robust risk-managed compliance verifications.

Detector Dog Program

The CBSA uses a multitude of detection technologies to prevent contraband and prohibited or restricted goods from entering Canada and, its Detector Dog Service (DDS) Program has been a cornerstone of Canada's interdiction efforts for over 40 years.

Canada Customs first began using detector dogs in 1978 to assist frontline officers with a more effective method of detecting drugs and firearms.

Currency detector dogs were added in 2003, helping Border Services Officers (BSOs) in the enforcement of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act. In 2005, the DDS Program expanded to include food, plant and animal detector dog teams from the Canadian Food Inspection Agency (CFIA).

The DDS Program is an important tool in detecting, and interdicting, prohibited and regulated drugs, guns, money, and food, plant and animal products. DDS teams are strategically located at ports of entry across Canada, serving both traveller and commercial operations in all modes of travel including air, highway, marine, rail and in postal and courier centers.

Dogs have one of the most acute senses of smell of any creature in the animal world. This allows them to detect the presence of prohibited or regulated substances and pinpoint their locations. DDS teams are the ideal tool for screening people and goods in a timely fashion and in the least intrusive manner. DDS teams support the CBSA's frontline operations by assisting BSOs with labour intensive secondary examinations. In some circumstances, DDS teams also help other law enforcement agencies with search warrants for drugs, guns and money.

The CBSA employs service dogs to detect drugs, guns and currency, as well as, food, plant and animal products. DDS teams undergo intensive training at the CBSA College in Rigaud, Québec. Service dogs live with their handlers and work for 8 to 10 years before retiring. The Agency also trains dogs from Correctional Service Canada (CSC) and many other domestic and international policing agencies worldwide.

The CBSA has 70 DDS teams, 6 of which were recently added to address the threat of African swine fever at the border. The 6 new teams are the first phase of a complement of 24 new food, plant and animal detector dog teams to be deployed over the next 2 years. Their goal is to increase enforcement on undeclared food, plant and animal imports to help ensure that African swine fever does not enter Canada.

While DDS teams are involved in thousands of interceptions annually, they also provide public demonstrations at schools and community service groups. The active presence of DDS teams in communities across Canada helps build the CBSA brand while informing the public of the CBSA's role as a law-enforcement agency.

National Security Screening

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

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

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

For individuals claiming asylum at POEs, the CBSA conducts a series of processes using biographic and biometric information to assess the admissibility of persons at the port of entry. This process includes criminality checks within Canadian Police Information Centre (CPIC) and National Crime Information Centre (NCIC – FBI) databases based on: biographic and biometric records checks, known admissibility issues that exist in Canadian immigration and customs databases, the sharing of biometric information with international partners, as well as, an interview and examination of refugee claim documentation, which may also identify inadmissibility issues.

National Immigration Detention Framework

Immigration detention for inadmissible foreign nationals is a measure of last resort and used only in limited circumstances, such as where there are serious concerns about a danger to the public, where an individual is considered to be a flight risk or where their identity is under question. Immigration detention is not punitive. It is exercised to ensure the integrity of the immigration system and public safety. Officers must always consider alternatives to detention first.

In provinces where there are no CBSA Immigration Holding Centres (IHCs) and/or the person presents a higher risk profile or is a public security risk, the CBSA relies on the use of provincial correctional facilities. On average, there are 300 to 350 individuals detained under the Immigration and Refugee Protection Act (IRPA) at any given time. These make up approximately 0.02% of travellers to Canada per year.

Through the National Immigration Detention Framework (NIDF) that the CBSA developed in 2016, the Agency is addressing long-standing challenges in immigration detention that will lead to a more humane, dignified, and risk-based detention process.

The NIDF is intended to improve detention infrastructure across the country. Its objective was to reduce the use of provincial correctional facilities for the holding of immigration detainees by introducing national policies around detention placement, introducing an expanded suite of Alternatives to detention (ATD) to support the release of individuals from detention, and by introducing national policies and standards to allow Canada to meet its international commitments.

ATDs may include release on reporting conditions, including performance bond; cash deposit; establishment of a bondsperson; or, acceptance into a community supervision program. An expanded ATD Framework was launched on June 22, 2018, and includes national Community Case Management and Supervision, Voice Reporting and, in the Greater Toronto Area (GTA), electronic monitoring through the use of ankle bracelets. Since the expanded ATD framework launch, there has been 7,950 persons who were enrolled in an ATD program.

Under the NIDF, the CBSA has made significant investments including: two new infrastructure projects to replace IHCs in British Columbia and Quebec, and a retrofit of the existing IHC in the GTA; reducing the number of long term detainees; reducing the use of provincial facilities; expanding the alternatives to detention programs; supporting medical and mental health care for detainees, and reducing the number of minors in detention.

To ensure transparency of its operations, the CBSA has undertaken a number of consultations since the NIDF was announced in 2016. These consultations have helped the CBSA develop new policies, as well as refine program and IHCs facility design.

The CBSA remains engaged in regular dialogue in relation to the NIDF and the detention program with key stakeholders, including the Canadian Red Cross (provides independent reporting of detention conditions), the United Nations High Commission for Refugees, and the Canadian Council for Refugees.

Removals

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

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

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

The CBSA has had an active removals program for many years; however, due to the recent influx of refugee claims, the Agency is facing pressure in this area. Approximately 60% of all impediments to removal are due to a lack of travel documents. Recalcitrant countries who impose restrictive administrative protocols or impede the issuance of necessary removal travel documents represent a significant challenge to the CBSA's ability to achieve its mandate.

A significant amount of work has been done to address the challenges that impede the timely and cost-effective removal of inadmissible foreign nationals. In 2018 to 2019, the CBSA removed over 9,600 individuals from Canada. To achieve this, the CBSA centralized its functional management of this program; increased interoperability with Immigration, Refugees and Citizenship Canada to obtain needed results in a timely manner; and improved data integrity to better manage higher priority cases and those who were removal ready.