Canada Border Services Agency (“CBSA“) officers at land border crossings are faced with an impossible task. They have to interdict individuals who may be a public or health risk, process hundreds of thousands of foreign nationals and permanent residents who have assorted applications and immigration requirements which must be assessed, and collect taxes. CBSA Officers have to do all of this while somehow maintaining a balance between ensuring compliance with the law and ensuring that wait times at the border are not unnecessarily long. The failure to do either perfectly without disrupting the other will result in negative media scrutiny. Of all of CBSA’s roles, it is perhaps the enforcement of Canada’s customs laws that is the most difficult to manage. Memorandum R17-1-3, found in People Processing Manual Part 5: Accounting for Casual Importations: Chapter 11: Waiver Policy (the “People’ Processing Manual“), explains the conditions under which the CBSA may waive nominal assessments and accounting requirements on casual goods. In brief, casual goods imported by an individual may be released without assessment when the federal duties and GST/HST owing (as well as any provincial taxes, excluding PST) do not exceed a threshold of $3.00. The Manual contains the following useful example … Read More
Data Confirms Removals from British Columbia Up Since Conservatives Took Office
We have obtained through an Access to Information and Privacy Act request data showing the Canada Border Services Agency’s removal statistics for people in British Columbia from 2003 – 2012 (2012 is partial). I have reproduced below two pages of the data. We have also obtained a chart showing Removal Orders from British Columbia by Country of Birth by Year, which I have not published. If you wish to see it please contact me and I will send it to you by e-mail. As the chart below demonstrates, removals from British Columbia has increased under the Conservatives. Interestingly, it peaked in 2008 and 2009, before begin to decline. There is a lot of interesting information contained in the data below, including tables showing: Removal Orders by Type; Removal Orders by Refugee Claimant vs. Non Refugee Claimant; Removal Orders by Status in Canada; Removal Orders by Inadmissibility Ground; Removal Orders by Gender; and Removal Orders by Age. Please note that the Tables below are a copy of an official work by the Government of Canada which was obtained through an Access to Information and Privacy Act Request, and to my knowledge is not otherwise publicly available. While I believe that the data … Read More
Labour Market Opinions for Large Scale Franchisees
The document below is a Service Canada internal bulletin (the “Bulletin“). The Bulletin provides guidance to Service Canada officers regarding the processing of Labour Market Opinions from large scale franchisees seeking NOC C & D positions. It was written in 2009, and although much of the requirements contained within now apply to all employers, however, the Bulletin does provide useful information for applicants trying to fill any NOC C&D position. The Bulletin states that in addition to the normal LMO requirements for employers seeking to fill NOC C&D positions, the following requirements apply when the employer is a large scale franchisee: the advertisement must include the employers’ operating name; there must be evidence of ongoing recruitment made which include communities that face barriers to employment; employers must state the number of locations for which foreign workers are being sought; and the wage being paid. As well, employers should be prepared to provide the following information: the results of recruitment efforts (number of applicants, interviews conducted); the number of staff currently employed, as well as the hours of operations and positions occupied by existing staff; the benefits offered to existing staff; and staff turnover. Please note that the Bulletin is a copy of … Read More
Service Canada Regional Reference #6 – Lodge Owners
The document below is Service Canada Regional Reference Material – Reference #6 – Lodge Owners, released on November 14, 2012 (“Reference #6“). Reference #6 provides guidance to Service Canada officers regarding the processing of Labour Market Opinions for partial Owner/Operator Labour Market Opinions where the business is a hunting, fishing, or leisure lodge, camp, or resort. It recommends that officers approve applications where the employment of the partial Owner / Operator results in job creation for Canadians and permanent residents. However, where the employment of the partial Owner / Operator does not result in job creation for Canadians and permanent residents, it recommends refusal. Please note that Reference #6 is a copy of an official work by the Government of Canada which was obtained through an Access to Information and Privacy Act Request, and to my knowledge is not otherwise publicly available. While I believe that Regional Reference #6 is still current, I cannot be assured of this. The reproduction of this document has not occurred with the affiliation of the Government of Canada, nor with the endorsement of the Government of Canada.
CBSA Arresting People without a Warrant
On March 15, 2013, the Canada Border Services Agency (“CBSA“) conducted a raid on a construction site in Vancouver. Much of the media attention has focused on the fact that a reality television crew apparently followed the CBSA officers onto the premise. Many have also commented on how surprised they were that the CBSA apparently arrested many foreign nationals without warrants, and wondered whether this was legal. It is. Section 55(2) of the Immigration and Refugee Protection Act (the “Act“) states that: An officer may, without a warrant, arrest and detain a foreign national, other than a protected person, (a) who the officer has reasonable grounds to believe is inadmissible and is a danger to the public or is unlikely to appear for examination, an admissibility hearing, removal from Canada, or at a proceeding that could lead to the making of a removal order by the Minister under subsection 44(2); or (b) if the officer is not satisfied of the identity of the foreign national in the course of any procedure under this Act. A foreign national in Canada may be inadmissible for numerous reasons, including if they have remained in Canada beyond the period authorized by their visa, or if they have worked without … Read More
Top Source Countries for A44 Reports at YVR
In 2011, 1,108 people were declared inadmissible to Canada when they arrived at the Vancouver International Airport. The following chart obtained through an Access to Information and Privacy Act request shows these individuals’ source countries. The top 10 countries were: Citizenship 2011 United States 247 South Korea 137 Hungary 83 China 72 Taiwan 49 British 40 Australia 35 Iran 30 Hong Kong 26 India 26 Japan 26 Germany 20 Mexico 19
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