Chapter 3: The Canada Border Services Agency's National Security and Intelligence Activities — Reviews, audits and evaluations of CBSA national security and intelligence activities
National Security and Intelligence Committee of Parliamentarians Annual Report 2019

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Reviews, audits and evaluations of CBSA national security and intelligence activities

External review

317. The following external audits or reviews relate to specific aspects of CBSA’s national security and intelligence activities:

  • Office of the Auditor General of Canada, Chapter 5: Keeping the Border Open and Secure - Canada Border Services Agency (2007): This audit examined how CBSA identifies and interdicts high-risk people and goods, while facilitating the flow of those deemed low risk. It noted that CBSA does not have consistent recording or monitoring in place for its lookout system or for secondary examinations.
  • Office of the Auditor General of Canada, Chapter 5: Preventing Illegal Entry Into Canada (2013): This audit examined the performance of selected CBSA and RCMP systems and practices in preventing the illegal entry of people into Canada. It found systems and practices for collecting, monitoring and assessing information regarding admissibility often do not work as intended, resulting in the illegal entry of high-risk individuals.
  • The House of Commons Standing Committee on Citizenship and Immigration: Standing on Guard for Thee: Ensuring Canada's Immigration System Is Secure (2013): This study analyzed the security of Canada's immigration system. It recommended that CBSA be given authority to conduct exit checks and allocate more resources toward removing failed refugee claimants. It also recommended that CBSA and its federal partners improve information sharing and that Citizenship and Immigration Canada (CIC, now IRCC) and CBSA develop the capacity to collect intelligence outside of Canada.
  • The Standing Senate Committee on National Security and Defence: Vigilance, Accountability and Security at Canada's Borders (2015): This study focused on how CBSA identifies and denies admissibility to persons and removes inadmissible persons who have entered Canada. It recommended the establishment of bodies both for oversight and for independent, civilian review and handling complaints for all CBSA activities. It recommended that the government implement an entry-exit system; ensure that CIC (now IRCC), CBSA , CSIS and the RCMP use all of their databases when screening foreign nationals; enhance CBSA’s regional intelligence capabilities and information sharing with front-line officers; and ensure that CBSA officers are provided with the most up-to-date information concerning travellers.
  • The Standing Senate Committee on National Security and Defence: Vigilance, Accountability and Security at Canada's Borders (2015): This study focused on how CBSA identifies and denies admissibility to persons and removes inadmissible persons who have entered Canada. It recommended the establishment of bodies both for oversight and for independent, civilian review and handling complaints for all CBSA activities. It recommended that the government implement an entry-exit system; ensure that CIC (now IRCC), CBSA , CSIS and the RCMP use all of their databases when screening foreign nationals; enhance CBSA’s regional intelligence capabilities and information sharing with front-line officers; and ensure that CBSA officers are provided with the most up-to-date information concerning travellers.

318. Several of CBSA’s other activity areas are subject to external review or adjudication. For example, the Canadian International Trade Tribunal hears appeals of commercial disputes involving CBSA under the Customs Act. Additionally, the Immigration and Refugee Board conducts reviews of detentions made for immigration purposes, and holds admissibility hearings. The Office of the Auditor General audits CBSA’s handling of public funds, and the Office of the Privacy Commissioner reviews CBSA’s handling of personal information under the Privacy Act.

Internal audit and evaluation

319. Since 2011, CBSA has publicly released 86 internal audit and evaluation reports spanning the entire range of its operations. Footnote 18 CBSA provided the Committee with classified versions of selected reports, in response to the Committee's terms of reference. The following reports are particularly relevant to CBSA’s national security and intelligence activities:

  • Evaluation of CBSA Participation in Joint Force Operations (2012): This study evaluated the relevance and performance of CBSA participation in joint force operations. It found that CBSA objectives, goals and guidelines for participation in joint force operations are not clearly articulated. Additionally, it found that joint force operations have limited involvement from CBSA’s National Headquarters and that the roles and responsibilities of personnel within different CBSA programs were unclear, which negatively affected relationships with external partners. To clarify CBSA’s roles and responsibilities, the study recommended that CBSA update its joint force operation policy and the mandates of respective branches within CBSA . CBSA agreed with all recommendations. Footnote 19
  • Evaluation of the Intelligence Program (2014): This evaluation assessed the relevance and performance of CBSA’s Intelligence Program. It found that there is continued need for CBSA’s Intelligence Program and that senior managers required additional guidance on how to allocate resources in accordance with CBSA’s enforcement and intelligence priorities. The evaluation also found that the roles and responsibilities of the Intelligence Program are generally not understood within CBSA . The report recommended that CBSA increase the transparency of its intelligence function internally, clarify how the Intelligence Program will support integrated enforcement activities, and provide internal guidance on how progress against priorities will be assessed. CBSA agreed to all recommendations. Footnote 20
  • Audit of Immigration Enforcement (2016): This audit analyzed CBSA’s Inland Enforcement Program. It found that CBSA’s governance structure for inland enforcement could be improved to more effectively escalate and resolve program risks and issues. The audit recommended that CBSA more clearly describe the role of each governance body within its broader governance architecture and improve the quality of information provided to these decision-making bodies. CBSA agreed to all recommendations. Footnote 21
  • Audit of Operation Syrian Refugee - CBSA Security Screening (2017): This audit analyzed the efficacy of CBSA’s national security screening program as part of Operation Syrian Refugee, the multi-departmental, multi-stakeholder response to the government's relocation of Syrian refugees from 2015-2016. It found that gaps were present in the security screening process due to systems and human errors. It also found inconsistencies between IRCC's and CBSA’s records and systems with respect to national security screening of refugee applicants. The audit recommended that CBSA automate controls within its case management system to reduce errors and implement a revised quality assurance program. CBSA agreed with both recommendations. Footnote 22

320. CBSA conducted two substantive studies of its Targeting Program, in 2015 and 2016. Footnote 23 The studies found that the Targeting Program has continued relevance, but that gaps existed within CBSA’s governance and performance measurement structures. The studies recommended that CBSA finalize and approve performance measurement tools to better inform program decision-making; strengthen oversight and clarify key roles and responsibilities; and formalize a risk management process for the Targeting Program. CBSA agreed with all recommendations.

321. Other departments and agencies have assessed various elements of CBSA operations as part of their horizontal evaluations. For example, IRCC reviewed CBSA’s ability to remove failed refugee claimants as part of its 2016 Evaluation of the In-Canada Asylum System Reforms. Footnote 24 In another 2016 evaluation, Public Safety Canada assessed the management of cases where classified information was used to make inadmissibility decisions, and where non-citizens were alleged or determined to be inadmissible on security grounds, or were released with conditions, based on that information. The study included an assessment of the combined activities of nine federal departments and agencies, including CBSA . Footnote 25

New and proposed review

322. In addition to the Committee, the newly formed National Security and Intelligence Review Agency (NSIRA) may review CBSA’s national security and intelligence activities. The National Security and Intelligence Review Agency Act, which establishes the review body, became law on June 21, 2019, when Bill C-59, An Act respecting national security matters, received Royal Assent. NSIRA may review all national security and intelligence activities conducted by government agencies and departments. Footnote 26 While NSIRA would not be statutorily obligated to regularly review CBSA’s national security or intelligence activities, it may choose to review CBSA as the subject of its special or annual reports.

323. On May 7, 2019, the Minister of Public Safety and Emergency Preparedness introduced Bill C-98, 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. This legislation would expand the mandate of the Civilian Review and Complaints Commission (CRCC) to include the independent review of any activity (outside of national security) conducted by CBSA and the investigation of public complaints concerning CBSA officer conduct. To reflect these changes, the CRCC would be renamed the Public Complaints and Review Commission. At the time of drafting this annual report, the bill had been referred to the Senate for first reading.

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