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

Findings

455. The Committee makes the following findings:

F14.

While the Canada Border Services Agency (CBSA) does not have explicit legislative authority to investigate national security issues or organized crime, it is a core member of the national security and intelligence community, given its responsibility for border security. (Paragraph 334)

F15.

Making admissibility determinations is the raison d’etre of CBSA. CBSA uses national security and intelligence activities to identify whether goods and persons entering Canada are inadmissible. This can take place anywhere in Canada and, in some circumstances, overseas. CBSA works closely with its partners to execute its mandate for admissibility, most notably with Immigration, Refugees and Citizenship Canada on immigration security screening. (Paragraphs 305, 334-335 and 445)

F16.

Intelligence and national security play different roles within CBSA’s range of activities. Intelligence informs decision-making across the full range of CBSA decision-making and operations. On the other hand, CBSA has only a niche role in relation to national security, and its activities are directed at supporting national security outcomes within CBSA’s broader customs and immigration mandate. (Paragraphs 305, 334 and 444-445)

F17.

CBSA’s authorities for engaging in national security and intelligence activities are clear. The Canada Border Services Agency Act establishes CBSA’s mandate to support national security and public safety priorities and enforce its program legislation. CBSA’s authority to control the importation and exportation of goods and make admissibility decisions is explicit in the Customs Act and the Immigration and Refugee Protection Act respectively. CBSA’s use of particular national security and intelligence activities is implicitly derived from its enforcement mandate based on common law principles codified in the Interpretation Act. (Paragraphs 324-333)

F18.

CBSA’s sensitive national security and intelligence activities are well governed. However, CBSA does not have ministerial direction for its conduct of sensitive national security and intelligence activities. This is inconsistent with other organizations in the security and intelligence community that conduct similar activities and is a gap in ministerial accountability. (Paragraphs 437-438)

F19.

In support of its mandate, CBSA conducts sensitive national security and intelligence activities that may pose a range of risks, including to the rights of individuals. While these activities are subject to governance controls, dedicated policy and operational guidance, CBSA does not have a standard process for assessing and reporting on the risks and outcomes of these national security and intelligence activities. (Paragraphs 436 and 449)