Mr. Speaker, with regard to part (a), the Canada Border Services Agency, CBSA, works in close co-operation with the Public Health Agency of Canada, PHAC, to implement and operationalize the travel restrictions and public health measures at the port of entry. The measures that have been implemented are layered, and together, aim to reduce the risk of the importation and transmission of COVID-19 and new variants of concern of the virus related to international travel.
The regulatory framework that has been developed to minimize the risk of exposure to COVID-19 at the border is complex. At time of seeking entry, the CBSA officers are required to consider various facts and make multiple decisions related to a single traveller.
While the border services officers, BSOs, are focusing on the eligibility to enter under an order, as well as their public health requirements, they are also assessing all relevant obligations under other acts or regulations including their admissibility under the Immigration and Refugee Protection Act.
The CBSA has issued a number of operational bulletins, shift briefing bullets, annexes and job aids to support officers in the decision-making process. As the orders in council, OICs have evolved over time, so has the guidance issued to frontline officers.
All guidance is point in time and is updated on an ongoing basis as more clarity is required, or where there are changes to the OICs. The CBSA and PHAC regularly consult on interpretations of restrictions and public health measures and collaborate on adjustments and improvements where issues have been identified.
With regard to part (b), every day, BSOs make over 35,000 decisions across the country and those decisions are made based on all laws and information made available to the BSO at the time of entry. To facilitate decision-making, the CBSA provides support to frontline BSOs through operational guideline bulletins, 24-7 live support access and regular case reviews. In addition, the CBSA conducts detailed technical briefings prior to the implementation of new or amended OICs to support the accurate implementation of new provisions and ensure clarity for frontline employees. The CBSA has also established a process to monitor decisions made by BSOs as they relate to the application of OICs for essential service providers and will continue to make adjustments or review the CBSA operational guidance to BSOs, as required. If the CBSA discovers that an incorrect assessment has been made at the border, it works with PHAC to rectify the situation.
With regard to part (c), the operational guidance referenced in the response to part (a) of this Order Paper question includes passages specific to cross-border workers and how specific public health requirements within the OICs may apply in these circumstances.
More specifically, in those instances, when assessing whether an exemption may apply, BSOs have been instructed to remain mindful of the following points. The traveller must be able to demonstrate that their purpose of crossing was specific to attending their normal place of employment. “Regular” is typically interpreted to mean daily or weekly, but a person able to establish a regular pattern of travel for this purpose could qualify. This exemption applies to persons who must cross the border regularly to go to their normal place of employment on either side of the Canada-U.S. border. There may be some circumstances where travel to another country could qualify, e.g., weekly or biweekly travel required. Those who are looking to establish that they must cross regularly must demonstrate to an officer that they will be crossing on a regular basis going forward when being processed. If the cross-border work involves medical care for persons over age 65, i.e., nurses, home care specialists, pharmacists etc., an individual request outlining the precautionary public health measures intended for interaction with this older age group must be submitted for determination of the Chief Public Health Officer of Canada.
Officers are trained to reach a decision on the basis of the entirety of the information made available to them over the course of an interaction with a traveller. As such, information and circumstances beyond the items listed above will be considered by BSOs when determining a traveller’s admissibility to Canada, as well as in relation to any applicable exemptions from public health requirements.
Furthermore, in an effort to assist cross-border workers who by virtue of their employment are required to enter Canada regularly, the CBSA has also published guidelines on its website.