Border Management
Proposed Response:
- The CBSA is mandated to facilitate the flow of people and goods, and also has a responsibility to protect its employees and facilities.
- The CBSA works with police of jurisdiction to mitigate risks and threats to buildings, offices, travellers and its employees.
- In the period from January 2022 to present, there were sustained disruptions and threats to commercial trade, Canadians’ ability to travel and the health and safety of CBSA employees.
- In addition to more wide spread outages and disruptions of shorter duration, four key border crossings experienced multi-day closures: Ambassador Bridge, Coutts, Emerson and Pacific Highway. These four crossings together represent close to half of the total volume and value of Canada’s commercial imports by land ports of entry.
- The declaration of a public order emergency under the Emergencies Act provided authority to CBSA officers to refuse entry to foreign nationals arriving in Canada who intended to facilitate or participate in a prohibited protest.
- Because CBSA officers are not mandated to engage in law enforcement activities beyond the border, the Emergency Measures Regulations provided police of jurisdiction with tools to prevent and react to blockades of, but not at, border crossings.
If pressed on status of blockades:
- As of February 21, all blockades at the Canada-U.S. border have been cleared and normal operations have resumed.
- The CBSA continues to monitor significant threats to border crossings and to coordinate with police of jurisdiction to mitigate and react to attempted blockades.
Background:
On February 14, 2022, the federal government declared a public order emergency. The Emergency Measures Regulations came into force on February 15, 2022. On February 23, 2022, the declaration of a public order emergency was revoked and all authorities granted under the Emergency Measures Regulations ceased to have effect. Furthermore, the Operational Bulletin to BSOs clarifying authorities under the Emergency Measures Regulations was rescinded on the same day.
The Emergency Measures Regulations gave Border Services Officers (BSOs) extra legislative authority to keep inadmissible people from entering Canada. A foreign national could not enter Canada with the intent to participate in or facilitate a prohibited assembly. Those who tried could have been denied entry at a port of entry. All temporary residents allowed entry into Canada must comply with the Emergencies Act. This included not travelling to, or participating in, a prohibited assembly. Failure to comply may have resulted in enforcement under the Immigration and Refugee Protection Act, including removal from Canada, and a temporary or permanent ban on returning to Canada.
There were some limited exemptions to prohibiting entry. These were for specific classes of foreign nationals, including people registered under the Indian Act, and people protected under the Immigration and Refugee Protection Act. Prior to the invocation of the Emergencies Act, BSOs already had the authority to deny entry to anyone who does not meet the requirements to enter and/or stay in Canada under the Immigration and Refugee Protection Act.
Ports of entry are secure, controlled areas that must not be accessed by anyone who is not in the process of crossing the border. It is an offence to hinder the ability of a BSO while they carry out their work. Anyone who creates a risk of imminent death or serious bodily harm to another person while wilfully or recklessly contravening the Emergencies Act or its regulations could be fined up to $1,000,000, imprisoned up to 3 years, or both.
The Agency monitors changes in demand at identified alternate ports of entry (POEs) and allocates resources, adjusts staffing levels and hours of service when needed at these POEs to minimize processing times and potential delays. This also allows for the safety and security of the public and employees while supporting the continuous flow of legitimate goods and people.
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