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

Conclusion

451. This review sought to understand CBSA’s national security and intelligence activities in the context of its broader mandate and authorities. It then focused on three key areas: CBSA’s conduct of sensitive national security and intelligence activities; its governance over those activities; and its relations with key Canadian partners in the areas of national security and intelligence.

452. CBSA has a large and complex mandate and significant responsibilities related to Canada's prosperity and security. Only a fraction of its work is evident to the majority of Canadians, whose engagement with CBSA is mostly limited to transactional exchanges at Canada's points of entry. Less evident is the range of security and intelligence activities that CBSA uses to facilitate the passage of low-risk people and goods and to identify and stop those of higher risk. Essential for enforcing CBSA’s border-related mandate, those same activities make significant contributions to Canada's broader national security priorities. They are also the most sensitive activities conducted by the organization, owing to the risks they may pose to the rights and freedoms of Canadians.

453. Overall, the Committee is satisfied with CBSA’s work in these areas. CBSA does not have an explicit legislative authority to investigate national security or organized crime, but it does have clear authority to conduct sensitive national security and intelligence activities that support its border-related responsibilities, consistent with the CBSA Act, the Customs Act, IRPA, the Interpretation Act and common law powers. These activities are managed through clear governance structures and a good understanding of their inherent risks. CBSA’s work with other organizations in the security and intelligence community is similarly focused on enforcing its border-related mandate, and supports the work of those organizations where there is a clear link among their various mandates. Those relationships are based on clear governance structures and defined roles and responsibilities. Nevertheless, every system may be improved. The Committee makes six findings and two recommendations that it believes will strengthen the governance and accountability of CBSA national security and intelligence activities.

454. The Committee notes that CBSA set a high standard for engagement with the Committee. Its responses to Committee requests were consistently comprehensive and timely. It repeatedly made officials available to answer questions, provided practical demonstrations of activities conducted by the organization, and briefed the Committee alone and with its closest partners.