PACP Committee Report

GOVERNMENT RESPONSE TO THE REPORT OF THE STANDING COMMITTEE ON PUBLIC ACCOUNTS:

On May 13, 2009, the Standing Committee on Public Accounts tabled its report “Chapter 7, Detention and Removal of Individuals - Canada Border Services Agency of the May 2008 Report of the Auditor General Of Canada.” Pursuant to Standing Order 109 of the House of Commons, the Government must provide a comprehensive response to the Report within 120 days, or by September 10, 2009.  As the House of Commons has recessed for the summer and is scheduled to resume on Monday September 14, 2009 the Government is tabling its response on this date.

The Government wishes to thank the Standing Committee on Public Accounts (hereinafter the Committee) for its Report. The Committee recommendations provide valuable insight to help guide the Government’s efforts to ensure the integrity of the detentions and removals program as part of our overall commitment to maintaining a safe and secure border for Canadians.  The Government looks forward to keeping the Committee informed of its progress in addressing these recommendations over the coming months and years.

This Government response addresses all of the Committee’s recommendations.

Recommendation 1

That the CBSA develop a detailed action plan to implement the recommendations of the May 2008 audit by the Office of the Auditor General, along with recommendations in the 2003 audit that remain unresolved. This action plan should be provided to the Public Accounts Committee by 30 June 2009.

The Government accepts the first recommendation. The Canada Border Services Agency (CBSA) has developed a detailed action plan to implement the three recommendations of the May 2008 audit by the Office of the Auditor General (OAG). In fulfillment of this recommendation, the CBSA is providing the Committee with the action plan as set out in Annex 1 of this response. 

Earlier OAG recommendations relating to case tracking and the National Case Management System (NCMS) were unresolved at the time of the 2008 audit. Accordingly, also included in Annex 1 are status reports based on the original action plans for these recommendations which formed part of the Government Response to the Twenty-Fifth Report of the Committee concerning Chapter 5 of the April 2003 Report of the Auditor General of Canada (Citizenship and Immigration Canada – Control and Enforcement, tabled in the House of Commons on November 6, 2003).

Recommendation 2

That the CBSA provide an interim status report to the Public Accounts Committee on its progress in implementing the Office of the Auditor General’s  and the Committee’s recommendations by 30 June 2010.

The Government accepts the second recommendation. The CBSA will provide an interim status report to the Committee on its progress in implementing the OAG and Committee recommendations by 30 June 2010. 

Recommendation 3

That the CBSA continue to develop its national training and monitoring framework to ensure that Temporary Resident Permits are properly documented, and report to the Committee by 30 September 2009 on the implementation of the framework.

The Government accepts the third recommendation. The CBSA is currently formalizing a program monitoring framework for Temporary Resident Permits that will include a survey to staff during the quality assurance process. In addition, an evaluation of existing training products will be conducted to ensure that Border Services Officers are receiving appropriate training on permit issuance.   

In terms of a report on the implementation of the framework, work has commenced on the program monitoring components which are expected to be implemented in November 2009.  The implementation of the national quality assurance plan for permit issuance is expected to be completed by June 2010.

Recommendation 4

That the CBSA develop regional detention capacity to ensure that decisions on detention are being made consistent with the risks posed to the public, and that the CBSA provide the Committee with a detailed plan on how to address the regional detention capacity issue by 31 December 2009.

The Government accepts the fourth recommendation in part.

Detention capacity concerns arise primarily in the context of low risk cases within the major urban centres of Toronto and Vancouver. Over the long term, the CBSA is reviewing available facilities, leasing arrangements and funding options to expand its immigration holding centre capacity. Building or leasing new facilities will require a significant increase in resources, including funding for capital projects. Accordingly, the CBSA cannot immediately expand its detention capacity.

In the interim, the CBSA plans to address the issue within current resources by transferring detainees between facilities when necessary.  Dedicated CBSA detention facilities are located in regions that have a sufficiently high volume of immigration enforcement activity. Given the low volume of enforcement activity in the Prairies, the CBSA presently engages provincial partners for its detention needs. With respect to the Atlantic region, the CBSA engages provincial partners and its Laval Immigration Holding Centre. The Laval facility, which primarily serves the Quebec region, currently has excess capacity. Accordingly, should capacity be an issue in the Toronto area, the CBSA may also transfer individuals to Laval. In addition, should it be required, provincial facilities are also available to detain low risk individuals in Ontario. This is consistent with the Agency’s response to the 2008 OAG audit recommendation 7.46, where the CBSA agreed to work to improve consistency of detention decisions within existing resource allocations.

Decisions on detention are guided by policies and regulations. CBSA guidelines note that the first priority of detention is to safeguard the public. In addition, there are regulations in place for decision makers assessing whether an individual poses a danger to the public and therefore should be detained.  Factors to be considered include but are not limited to circumstances involving association with a criminal organization, and conviction for a violent offence or an offence related to drug trafficking. All cases must be assessed on a case-by-case basis.

Recommendation 5

That the CBSA provide an interim status report to the Committee by 31 December 2009 on its ongoing negotiations with  provinces regarding the use of provincial detention facilities, including timelines for when it anticipates that the agreements will be concluded, and that the CBSA provide the Committee with a final report on negotiated agreements by 31 December  2011.

The Government accepts the fifth recommendation. Within its management action plan to address 2008 OAG audit recommendation 7.46, provided in Annex 1 to this response, the CBSA has made an interim status report available to the Committee. This action plan outlines the status of and timelines for negotiations with the provinces regarding the use of provincial detention facilities. Furthermore, as requested, the CBSA will provide the Committee with a final report on negotiated agreements by 31 December 2011.

Recommendation 6

That the CBSA take immediate steps to ensure that detainees are held in adequate facilities in the event of overcapacity, and that the CBSA allow the Canadian Red Cross to monitor conditions at a national level.

The Government accepts the sixth recommendation. As demonstrated by its interactions with the Canadian Red Cross (CRC) and the United Nations High Commission for Refugees, the CBSA shares the Committee’s concerns with respect to the conditions in which its detainees are held. Both organizations were consulted by the CBSA in the development of its standards for the conditions of detention facilities and the treatment of its detainees. These standards address issues such as food, cleanliness and security requirements.

The CBSA has taken immediate steps to address concerns regarding detention capacity. For example, the CBSA reviewed current bed capacity at its detention facilities and, in August 2008, implemented overcapacity notification policies and procedures to be followed in the event that an Immigration Holding Centre exceeds its bed capacity. In addition, the Agency improved its ability to track daily detention statistics by developing new reporting functions in the NCMS. Since July 31, 2009 NCMS includes the ability to extract daily detention statistics for individual facilities. This will improve the CBSA’s ability to oversee and manage issues related to capacity.

The CBSA will issue more comprehensive transfer policy guidance on alternatives to be used in situations where regions are faced with overcapacity in immigration holding centres by October 31, 2009. In the event of overcapacity, the CBSA will transfer individuals to facilities where there is excess capacity such as from Toronto to Laval as has been done in the past.

In terms of independent monitoring of immigration detention, the CBSA has already taken steps in that direction. For example, the 2006 Memorandum of Understanding (MOU) between the CBSA and the CRC incorporates independent monitoring. The MOU already provides the CRC with access to all CBSA Immigration Holding Centres. Under the MOU, the CBSA also committed to supporting the expansion of the CRC monitoring program to provincial facilities that hold immigration detainees. To date, the CBSA has delivered by facilitating access for the CRC with its provincial partners in British Columbia, Quebec, and Alberta. As part of negotiation objectives for reaching subsequent agreements with provincial partners, the CBSA will include access for the CRC in formal discussions. However, the CBSA does not have jurisdiction over provincial correctional facilities and accordingly cannot commit that CRC access will result.

Recommendation 7

That the CBSA undertake a broad review of the extent to which individuals are complying with the conditions of their release and whether non-compliance is resulting in undue risk to the public, and that the CBSA report back to the Committee with a summary of its findings and a remedial action plan by 31 March 2010.

The Government accepts the seventh recommendation in part.

The CBSA will incorporate an examination of compliance with conditions of release as part of a broader program evaluation on detentions and removals which will be completed by September 30, 2010. In response to the Committee request, the CBSA has accelerated its schedule for completing this evaluation by nearly four months. Given the significant planning, consultation, and analysis involved in conducting effective program evaluations, it is not feasible to further accelerate this undertaking. Accordingly, the CBSA will provide the Committee with a summary of findings on the review and a related action plan to address identified issues by December 31, 2010.

It should be noted that prior to a person being released from detention, legislation requires an assessment be made on whether or not the person poses a danger to the public. Only persons determined to be low risk either by the Minister’s delegated representative or the Immigration Refugee Board are released. Procedurally, when a person is detained for any reason under the Immigration and Refugee Protection Act, including on a belief that the person poses a danger to the public, that person is entitled to a review of the reasons for detention. In such cases, the CBSA puts forward a case before the Immigration and Refugee Board to maintain the detention. However, a decision to release the person from detention may subsequently be made by a Member of the Immigration and Refugee Board.

Recommendation 8

That the CBSA study the feasibility of using reciprocal information sharing agreements with foreign governments, or an exit tracking system, to ascertain whether foreign nationals have left Canada.

The Government accepts the eighth recommendation and will consider the feasibility of using reciprocal information sharing agreements to ascertain whether foreign nationals have left Canada. The Agency also monitors the activities and innovations of international counterparts for new ideas and approaches.

The Government does take note that the Committee identified some of the major challenges of an exit control system, including considerable expense, privacy implications, and logistical challenges.  Reciprocal information-sharing arrangements may present an alternative means of addressing this issue by virtue of the fact that those leaving Canada would enter in a second country through its ports of entry, but this is also not a simple solution.  It must be noted, though, that neither approach would facilitate the actual removal of an individual who is avoiding his or her legal obligation to leave Canada.

With respect to removals, the Government is continuing, and will continue, to make the actual removal of those unlawfully remaining in Canada its priority.

Recommendation 9

That the CBSA and CIC report to the Public Accounts Committee by 30 September 2009 on the current status of the GCMS and the implementation of the required upgrades to the NCMS, including when the NCMS is expected to be fully operational.

The Government accepts the ninth recommendation. In response, the CBSA and CIC are providing the following status report on the Global Case Management System (GCMS) and the National Case Management System (NCMS).

In terms of the current status of the GCMS, the project is presently in its second phase of development. The new system will become functional to officials processing citizenship cases in May 2010, and to its first international location, Port of Spain, at the end of June 2010.  Implementation to all international locations will be completed by the end of March 2011. The release will replace two significant legacy systems – the Computer Assisted Immigration Processing System and the Immigration Medical System. Also as part of this initiative, CIC and the CBSA are working to build an interface to handle all overseas security clearance requests for permanent resident and temporary resident applications. In June 2009, an independent project review confirmed that the project is progressing adequately, that the project team has effectively responded to previous reviews, and that there is strong project management and executive oversight in place. Its implementation will add significant functionality to the GCMS, which replaced the Citizenship Registry System in September 2004. To date, GCMS serves the citizenship processing line of business which includes administering over two hundred thousand applications annually.

Following a detailed project review, in April 2007 CIC and the CBSA agreed that GCMS would no longer include replacement of the Field Operation Support System and the NCMS. Accordingly, the CBSA has carefully considered the 2003 and 2008 OAG reports to identify potential upgrades to the NCMS. These have been incorporated into the action plan for the 2008 OAG recommendation 7.47.

The NCMS tracks immigration enforcement including detention, removals and Pre-Removal Risk Assessment activities conducted by both the CBSA and CIC. System enhancements pursued by CBSA will offer better case tracking and facilitate management of the detentions and removals program. Example areas targeted for improvement include: tracking of removal itinerary, tracking requests for travel documents to foreign governments, and recording detention reason history. The proposed plan also includes activities to improve the capacity to access relevant statistical data, thus improving the CBSA’s ability to conduct management analysis of its business activities. Finally, the action plan includes addressing inefficiencies noted by the OAG related to duplicate data entry between the Field Operations Support System and NCMS.

To date, the CBSA has implemented a number of system enhancements to address the OAG recommendations. For example, between December 2008 and April 2009 the CBSA implemented an improved data integrity program which has yielded demonstrable results. Since inception, over 22,000 data corrections have been made. The CBSA also improved detentions and removals reporting capacity. Between March and June 2009, the CBSA implemented the ability to report on inventories related to investigations, danger opinions and immigration holds. Also, since April 2007, the CBSA has addressed 52 of the 126 outstanding application issues. This includes correcting 95% of the high priority items of which only 6 remain unresolved.

Further system development is necessary to fully address the issues identified by the OAG. Although the CBSA has detailed action plans to address these issues, the plans as presented to the Committee note that implementation is suspended due to lack of funding. The CBSA is currently reviewing funding options. It is anticipated that NCMS could be fully upgraded within two to three years from securing the required funding.

ANNEX TO THE GOVERNMENT RESPONSE TO THE REPORT OF THE STANDING COMMITTEE ON PUBLIC ACCOUNTS:

The CBSA is striving to become a modern risk-based and intelligence-driven organization. Along with this strategic focus, the Agency is positioning itself as a performance driven leader in border management. The detentions and removals program is a key component that contributes to overall immigration program integrity. The CBSA is working closely with its partners such as CIC to identify program integrity issues and arrive at innovative solutions to provide access to legitimate travellers along with timely removals of those in-Canada who do not meet the admissibility requirements of related legislation.  

The OAG and Committee recommendations have been carefully reviewed by the CBSA and guide efforts to move the organization forward. Since the 2003 audit, the CBSA has made progress implementing a number of recommendations. For instance, the CBSA has refined practices for charging and recovering costs payable by transportation companies as noted in the 2008 OAG report. Furthermore, the CBSA has improved its ability to estimate the number of outstanding removal cases, to track individuals subject to removal and to focus efforts on higher-risk individuals. In the 2008 OAG audit report, it was noted that the 2003 audit recommendations related to case tracking and the National Case Management System (NCMS) were not fully implemented. Progress on these items is reported based on the original action plans related to the 2003 audit.

OAG 2003 - 5.107 Recommendation:

The Department should improve its tracking of removal cases. It should give higher priority to reducing the backlog of removal cases. ^[1]

OAG 2003 - 5.112 Recommendation:

The Department should improve the capability and data integrity of the National Case Management System.^[3]

OAG 2008 – 7.20 Recommendation:

The CBSA and CIC should each develop and implement processes to ensure the quality of the Temporary Resident Permit program jointly delivered under the Immigration and Refugee Protection Act.

OAG 2008 – 7.46 Recommendation:

The CBSA should develop suitable policies and procedures for detentions and removals to ensure that risks, situations, and individuals are treated in a consistent manner.^[4]

OAG 2008 – 7.46 Recommendation:

The CBSA should develop suitable policies and procedures for detentions and removals to ensure that risks, situations, and individuals are treated in a consistent manner.^[5]

OAG 2008 – 7.47 Recommendation:

The CBSA should improve its data and level of analysis to allow it to better manage detentions and removals.