Chapter 3: The Canada Border Services Agency's National Security and Intelligence Activities — Introduction
National Security and Intelligence Committee of Parliamentarians Annual Report 2019

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Introduction

299. This chapter examines the national security and intelligence activities of the Canada Border Services Agency (CBSA) in support of its mandate.

300. CBSA was established in December 2003 by an Order in Council that amalgamated the border and enforcement personnel of Citizenship and Immigration Canada (now Immigration, Refugees and Citizenship Canada or IRCC) with the customs control aspects of the Canada Customs and Revenue Agency (now the Canada Revenue Agency) and the Canadian Food Inspection Agency. Footnote 1 CBSA was formalized in statute in the Canada Border Services Agency Act (the CBSA Act), which received Royal Assent in November 2005.

301. The CBSA Act mandates CBSA to "[provide] integrated border services that support national security and public safety priorities and facilitate the free flow of persons and goods, including animals and plants, that meet all requirements under the program legislation." Footnote 2

302. CBSA has a planned budget of $1.87 billion for 2019-2020. Footnote 3 It has a staff of approximately 14,000 employees, including over 6,400 uniformed officers who provide services at approximately 1,200 points across Canada and at 39 international locations. CBSA manages 117 land-border crossings and operates customs-controlled areas at 15 of Canada's major international airports. It also carries out marine operations at major ports, performs operations at 27 rail sites and examines international mail at three mail processing centres. Footnote 4

303. CBSA’s role in ensuring the security of Canada rests primarily on its decisions concerning the admissibility of people and goods into Canada. These decisions are made across multiple modes of travel, including air, rail, marine and land (or highway). In the area of national security, inadmissibility decisions are essential in countering threats such as terrorism, espionage, foreign interference and proliferation. It should be emphasized, however, that inadmissibility is far more often invoked for reasons unrelated to national security.

304. CBSA uses intelligence to support its mandate to administer and enforce Canada's immigration and customs legislation. Specifically, intelligence is used to develop a risk management strategy to identify border-related threats as far in advance as possible before they arrive at a Canadian port of entry. Intelligence is also used to interdict these threats and to mitigate them. Footnote 5 Collectively, this is known as "pushing the border out." Footnote 6 CBSA does not have a stand-alone intelligence mandate. CBSA’s intelligence activities primarily support its own enforcement responsibilities.

305. In general, therefore, CBSA is best understood as an organization whose primary mandate is based on making admissibility decisions concerning goods and people and facilitating the flow of legitimate trade and travel: its national security responsibilities flow from that mandate. CBSA has a small program that conducts limited intelligence activities to support operations across its full mandate. As the President of CBSA stated during an appearance, CBSA plays a "niche" role in the areas of national security and intelligence. Footnote 7

Review methodology

306. On September 27, 2018, the Committee decided to undertake a review of CBSA’s national security and intelligence activities. On November 8, 2018, the Chair of the Committee provided a notification letter to the Minister of Public Safety and Emergency Preparedness. On April 26, 2019, the Chair provided a notification letter to the Minister of Immigration, Refugees and Citizenship.

307. The Committee identified three main objectives for its review of CBSA’s national security and intelligence activities. First, it sought to determine the role of CBSA within the national security and intelligence community. Second, it sought to determine the national security and intelligence activities of CBSA, and delineate those from CBSA’s overall range of operations. Third, it aimed to determine the authorities under which CBSA conducts national security and intelligence activities.

308. Notwithstanding CBSA’s broad mandate, the Committee focused its review on three key areas most closely aligned with CBSA’s national security and intelligence activities: Footnote 8

  • CBSA’s governance over national security and intelligence activities in CBSA’s Enforcement and Intelligence Program, including ministerial direction provided to CBSA.
  • CBSA’s conduct of sensitive national security and intelligence activities, specifically targeting, the use of confidential human sources, covert surveillance, lookouts, and CBSA’s participation in joint force operations; and
  • CBSA’s relations with its key partners in the areas of national security and intelligence: IRCC, the Royal Canadian Mounted Police (RCMP) and the Canadian Security intelligence Service (CSIS).

309. The Committee did not examine CBSA activities outside of these areas, including calls by civil society groups for independent review of officer conduct. Footnote 9

310. The Committee received more than 650 documents (approximately 16,000 pages) from CBSA in response to the terms of reference. These documents related to:

  • national security and intelligence activities, departmental organization, and priorities;
  • national security and intelligence resource expenditures;
  • policies, operational bulletins and standard operating procedures;
  • legal opinions;
  • memoranda of understanding and agreements with other government departments, members of the national security and intelligence community, and international partners;
  • ministerial directions;
  • internal performance measurement and internal annual reports; and
  • internal or external evaluations and audits of CBSA’s activities.

311. CBSA officials briefed the Committee on the agency's national security and intelligence activities, internal and inter-departmental governance structures for national security and intelligence activities, and key relationships with IRCC, CSIS and the RCMP. CBSA officials also briefed the Committee on the operations of the National Border Operations Centre, the National Targeting Centre, the immigration security screening process and the National Security Screening Division, as well as on CBSA’s role in implementing the government's intelligence priorities. As part of this review, CBSA provided detailed information on a case where immigration security screening failures resulted in an individual of national security concern being granted permanent residency in Canada.

312. This chapter begins by detailing the rationale behind the Committee's decision to conduct a review of CBSA’s national security and intelligence activities, including the risks associated with such activities and the overall complexity of the CBSA mandate for border enforcement and administration. It then focuses more specifically on CBSA’s role in national security and intelligence by describing past reviews in these areas, CBSA authorities to conduct national security and intelligence activities, and key partnerships. It then examines specific CBSA national security and intelligence activities and the internal system of governance CBSA has in place for their control. The Committee provides its assessment and finishes with its findings and recommendations.

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