2014-15 Report on the Beyond the Border Action Plan Horizontal Initiative

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On February 4, 2011, Canada and the United States (U.S.) committed to working together through the Beyond the Border: A Shared Vision for Perimeter Security and Economic Competitiveness. The Declaration initiated a new long-term partnership between the two countries that was built upon a perimeter approach to security and economic competitiveness. This horizontal initiative aims to enhance our collective security and accelerate the flow of legitimate goods, services, and people, both at and beyond the border. The Beyond the Border (BTB) Action Plan, released in December 2011, embodies this collaboration and engagement between our two countries, and sets out specific initiatives (Appendix A) to secure the Canada-U.S. border and perimeter while facilitating legitimate trade and travel.

The Action Plan sets out joint priorities for achieving a secure and efficient Canada-U.S. border within four areas of cooperation: Addressing Threats Early; Trade Facilitation, Economic Growth and Jobs; Cross-Border Law Enforcement; and, Critical Infrastructure and Cyber Security. In total, 32 initiatives are listed under the four areas, with two additional initiatives covering the responsible sharing of personal information and centralized oversight of the Action Plan's implementation.

The Government of Canada has been working closely with its U.S. counterparts in ensuring the success of the Action Plan. The purpose of this Horizontal Initiative Report is to provide updates to progress made from the publication of the last Report^{Note 1} on the Government of Canada's work on implementing the Action Plan for the 2014-15 fiscal year.

Public Safety Canada (PS) coordinates the development of this report, collecting updated information from all federal BTB organizations. These departments and agencies continue to work toward successful implementation of the BTB initiatives for which they are responsible. Additional details can be found in each organization's Departmental Performance Report (DPR).

For more information and descriptions of Action Plan initiatives, please consult the Beyond the Border Action Plan. While this report focuses on Canadian progress, joint Canada-U.S. implementation reports are released annually, with the last one published in March 2015^{Note 2}.

The figure below illustrates the outcomes to which the 34 Beyond the Border initiatives contribute. The four overarching outcomes will support the achievement of a secure Canada-U.S. border and perimeter, and the facilitation of legitimate trade and travel. This figure also presents the structure which will be used in the report to demonstrate progress on the BTB initiatives.

Beyond the Border Action Plan Ultimate Outcomes

Image Description

This image illustrates the Beyond the Border Action Plan's desired outcomes. There are five ultimate outcomes and two governance-related outcomes which are all linked to specific Beyond the Border Action Plan initiatives. The outcomes are as follows:

Ultimate Outcomes:

The Canada – United States border and perimeter are secure and legitimate trade and travel are facilitated (all Beyond the Border Action Plan initiatives)

Threats are stopped before they arrive either in Canada or in the United States (Initiatives 1-11)

Legitimate travel and cargo are stimulated and expedited (Initiatives 8, 10, 12-15 and 20-24)

Criminals are prevented from leveraging the Canada-United States border to commit transnational crimes (Initiatives 24-26)

Canada and the United States are prepared for and can respond to threats and emergencies (Initiatives 27-32)

Governance Outcomes:

Governance oversees the successful implementation of the Action Plan to maintain transparency and accountability (Initiative 33)

Privacy principles inform and guide information and intelligence-sharing under the BTB Action plan (Initiative 34)

The following table presents the total planned and actual spending figures under the BTB Action Plan for the 2014-15 fiscal year. Participating department/agency breakdowns of these amounts are presented under the different Themes in this report.

Total expenditures in 2014-15 amounted to $190,003,160 against $244,722,823 in planned spending, which presents a variance of 22%.Comparatively, in 2013-14 planned spending amounted to $246,636,607 against $152,749,089 in actual spending (38% variance). Where a variance (≥25%) is presented by a department/agency under a specific Theme, an explanatory note has been included at the end of the report.

Theme 1 - Addressing Threats Early (Initiatives 1-11)

Addressing threats at the earliest possible point is essential to strengthening the shared security of Canada and the U.S. It enables both countries to improve the free flow of legitimate goods and people across the Canada-United States border. The Beyond the Border Action Plan outlines ways to support this goal by developing a common understanding of the threat environment; aligning and coordinating our security systems for goods, cargo and baggage; and supporting the effective identification of people who pose a threat, which enhances safety and facilitates the movement of legitimate travellers.

Outcomes^{Note 3}

Canada and the United States share a common approach to effectively identify threats to either country (Initiatives 1-4 and 7)

Initiatives 1 (Joint Threat Assessments) and 2 (Information/Intelligence Sharing):
In 2014-15, Public Safety Canada continued to collaborate with the U.S. Office of the Director of National Intelligence, the U.S. Department of Homeland Security (DHS), and relevant intelligence agencies in both countries. With its U.S. counterparts, the Department planned for a tabletop exercise intended to enhance the understanding of each country's legal, policy, and operational frameworks related to prevention of extremist travel. The exercise will take place in 2015-16.

The Government of Canada has met its commitments under Initiatives 1 and 2. Collaboration with the U.S. in the areas of Joint Threat Assessments and information/intelligence sharing will continue.

Initiative 3 (Domain Awareness):
Under the BTB, Canada and the U.S. continued to make progress on improving domain awareness with respect to activities, threats and criminal trends in the air, land and maritime domains along the shared border.

In 2014-15, Canada and the U.S. initiated work to identify capability gaps and vulnerabilities. The primary objective of the exercise was to develop a joint gap analysis process based on an existing U.S. Customs and Border Protection (CBP) methodology that would facilitate the completion of a prioritization exercise of technology gaps at the Canada-U.S. border.

Initiative 4 (Countering Violent Extremism):
In 2014-15, PS played a leadership role among international partners to share different approaches, programming and strategies in countering violent extremism, including within the Five Country Ministerial and the Global Counterterrorism Forum's Working Group on Countering Violent Extremism. PS continued to collaborate with its U.S. counterparts to implement the joint Countering Violent Extremism work plan. This entailed the coordination and sharing of research, best practices and tools for law enforcement, and emphasizing community-based and community-driven efforts.

During the reporting period, progress was achieved across all of the countering violent extremism commitments. Bilateral collaboration on countering violent extremism initiatives and engagement has strengthened Canada-U.S. relationships and established strong networks that will be sustained in the future. For example, the Minister of Public Safety and Emergency Preparedness attended the White House CVE Summit in February 2015 to develop an action agenda to address the phenomenon of violent extremism. U.S. participants have provided feedback on the ‘Deepening the Dialogue' initiative – a community engagement technique that uses fictionalized first person radicalization to violence narratives to initiate conversations with community groups and to discuss violent extremism in the context of people's life experiences – and have expressed interest in receiving training.

The Government of Canada has met its commitments under Initiative 4. Collaboration with the U.S will continue in the area of countering violent extremism.

Initiative 7 (Joint Food/Plant/Animal Assessments/Audits):
In 2014-15, the Canadian Food Inspection Agency (CFIA) and the United States Department of Agriculture (USDA) successfully completed the initiative and acknowledged that joint assessments of animal health, plant health and food safety threats to address off-shore risks will improve the efficiency of verification activities conducted by both organizations in audits of third countries that are eligible to export to Canada and U.S.

Regarding the sharing of information from third countries, each organization will work internally with its respective legal counsel to establish clear guidelines governing these exchanges.

With respect to plant health, in 2014-15, the CFIA continued to work with the USDA to conduct joint assessments of pre-departure certification programs in Korea, Japan and China to reduce plant health threats. The CFIA and USDA jointly prepared and published a report on the joint assessment for plant health risks (Asian Gypsy Moth [AGM]) that establishes assessment processes, outlines information-sharing mechanisms, identifies further work that is needed and makes recommendations for program enhancements. The report included a review of how the USDA and the CFIA conduct joint assessment and coordination of responses to outstanding non-compliance issues with regulated countries, and with domestic stakeholders.

Significant success in increasing education and awareness of the plant health threats internationally and domestically has been attained through the joint assessments of AGM; the CFIA and the USDA continue to partner in this important work. Through continued close collaboration with U.S. regulatory partners, this initiative will enable the future coordination of activities, resources and the effective sharing of results from the assessments to prevent potential risks from entering North America.

As next steps for this initiative, the CFIA and the USDA will work to enhance and expand the joint assessment activities in general, and the AGM program in particular, based on the recommendations of the joint report.

In the area of animal health, Canada and the U.S. implemented an arrangement on zoning for Foreign Animal Disease. The intent of the arrangement is to facilitate recognition of countries' zoning decisions during an outbreak of Foreign Animal Disease. Its objective is to minimize unnecessary disruptions to trade, should an introduction of Foreign Animal Disease occur.

The Government of Canada has met its commitments under Initiative 7. Collaboration with the U.S will continue in the area of food/plant/animal assessments/audits.

Ports of entry focus on high-risk goods and individuals by expediting low-risk cargo, passenger baggage and individuals entering either country (Initiatives 5, 6, 8-16 and 20, 22, 24)

Initiative 5 (Integrated Cargo Security):
The Integrated Cargo Security Strategy (ICSS) was developed as a joint Canada – U.S. strategy to address risks associated with shipments arriving from offshore based on informed risk management. In fiscal year 2012-13, both countries launched a series of pilots (i.e. the marine cargo risk assessment and examination pilots in Prince Rupert and Montreal, and the Tamper Evident Technology pilot) to test, validate and shape the full implementation of the ICSS. In fiscal year 2014-15, the operational testing phase of the ICSS marine pilots was formally concluded. Early results from the pilots' assessment indicate that while screening for national security purposes has been successfully tested, a series of operational impediments prevented the full testing of the ICSS principle for other purposes. Canada and the U.S. continue to work together to identify and mitigate risks as early as possible in the supply chain as they present a threat to our shared border, and are in the process of identifying elements (e.g., multi-modal manifests, inspection protocols, harmonized processes and standards) required to achieve the vision of “cleared once, accepted twice”.

The Canada Border Services Agency (CBSA) and Transport Canada (TC) continued to target for national security and aviation security risks prior to cargo being loaded onto aircraft destined for Canada. This was accomplished by risk assessing data elements that were submitted in pre-load timeframes by the seven air carriers and two freight forwarders voluntarily participating in the pilot. Results of Phase I of the Pre-Load Air Cargo Targeting (PACT) pilot demonstrated that the data elements are sufficient in conducting the initial risk assessment for aviation security/imminent threat purposes (i.e. explosives).

Initiative 6 (Passenger Baggage Screening):
New checked baggage screening technology, certified by the U.S. Transportation Security Administration (TSA), continues to be deployed at Canada's eight preclearance airports. Deployment of this TSA-certified technology enables the U.S. to progressively lift the requirement to re-screen baggage originating from those Canadian airports where the technology is located, prior to the passenger's departure on a connecting flight to another U.S. destination. This is expected to facilitate passenger travel, and result in cost savings for airports and airlines.

Since deployment began in February 2012, four airports have deployed the TSA-certified technology. To date, the U.S. has lifted the re-screening requirement at all four of these airports. Of the four remaining preclearance airports, two are on track to deploy the technology by December 2015 and a third airport is expected to deploy the technology by mid-January 2016. The last preclearance airport is expected to deploy the technology by fall 2016.

Initiative 8 (Electronic Travel Authorization):
In 2014-15, Citizenship and Immigration Canada (CIC) continued to develop and implement the Electronic Travel Authorization (eTA) program. This initiative will allow the Government of Canada to screen visa-exempt foreign nationals (excepting U.S. citizens) at the earliest opportunity, before they seek to board a plane to Canada, in order to determine whether or not they pose an admissibility or security risk. As a critical milestone, draft regulations were pre-published in the Canada Gazette for comment in June 2014 and came into force on August 1, 2015. Program implementation dates for eTA have now been finalized: as of August 1, 2015, prescribed travellers have been able to voluntarily complete an application which is available on the CIC website; since March 15, 2016, prescribed travellers are required to hold an eTA when seeking to travel to, or enter, Canada by air.

Initiative 9 (Interactive Advance Passenger Information):
In fiscal year 2014-15, the Interactive Advance Passenger Information (IAPI) initiative continued working towards contributing to the ultimate BTB outcome of stopping threats before they arrive in Canada. The CBSA met with the Office of the Privacy Commissioner on three occasions in order to seek guidance on potential privacy issues related to IAPI. The IAPI team worked closely with the Entry/Exit (Air Exit component) team to align the two projects toward a single implementation window to facilitate and minimize systems changes for airlines. In addition, progress was made towards the completion of the IAPI initiative's Canada Gazette, Part I, pre-publication package. Furthermore, as in the previous year, the IAPI team met frequently and regularly with commercial air industry representatives to discuss potential impacts and technical issues and how best to resolve them. To support industry discussions, technical specifications (namely, the “Commercial Messaging Requirements”) for IAPI were developed and shared with commercial airline representatives to obtain feedback and address any concerns in order to finalize the document. The IAPI initiative continued its consultations with key external stakeholders, including U.S. CBP, to discuss best practices. The IAPI team also worked closely with CIC to continue towards implementation, as IAPI is to be the validation mechanism for CIC's eTA.

There are several dependencies which are key to the successful and timely implementation of the IAPI initiative. This includes building the IAPI system prior to the October 2015 implementation date to ensure timely on-boarding of airlines prior to the eTA mandatory date of March 15, 2016. Furthermore, the completion timelines of the IAPI regulatory package will be dependent upon the magnitude and complexity of comments submitted by stakeholders during the Canada Gazette, Part I, comment period. Finally, while the CBSA is undertaking activities to optimize the effectiveness of early and efficient airline on-boarding to the IAPI system, full and timely implementation remains highly dependent upon the readiness of air carriers and any conflicting priorities they may have, which are beyond the CBSA's control.

Initiative 10 (Immigration Information Sharing):
Since 2013-14, Canada and the U.S. have been exchanging biographic immigration information on  third country nationals seeking to enter either country who had previously violated immigration laws or were denied a visa from the other country. By providing decision-makers with additional information to consider when making an immigration decision, this initiative is increasing security, countering fraud and improving the integrity and efficiency of immigration decisions. It also helps facilitate travel for low-risk individuals by confirming a previous trouble-free travel history within Canada and the U.S.

Over the course of 2014-15, Canada put in place a biometric information sharing capability so that beginning in May 2015, Canada was able to directly query the U.S. on immigration applicants and asylum claimants, in a systematic manner, using a fingerprint (biometrics). Biometric-enabled sharing helps to counter identity fraud, provide valuable information to inform respective independent immigration decisions, strengthen identity management, and bolsters program integrity.

Initiative 11 (Entry/Exit Information System):
The Entry/Exit initiative established coordinated entry and exit information systems between Canada and the U.S. to exchange biographic information (e.g. name, citizenship) on third-country nationals and permanent residents, such that entry into one country constitutes an exit from the other. During the 2014-15 reporting period, virtually all (97.1%) the U.S. entry records (exits from Canada) are able to be successfully reconciled to a CBSA record for foreign nationals. Entry/Exit continues to allow for the CBSA to close outstanding immigration warrants and reprioritize ongoing investigations for persons identified as having departed Canada. CBSA, with the support of CIC, continues to work toward system readiness for the inclusion of citizens, as well as travellers in the air mode; enabling legislative and regulatory authorities must be in place before full implementation can be achieved.

Theme 2 – Trade Facilitation, Economic Growth and Jobs (Initiatives 12-24)

The free flow of goods and services between Canada and the United States creates immense economic benefits for both countries. As the two countries work to strengthen the security of the shared perimeter, initiatives to create more openness at the land border for legitimate travel and trade are being pursued. The Beyond the Border Action Plan enhances the benefits of programs that help trusted businesses and travellers move efficiently across the border, introduces new measures to facilitate movement and trade across the border while reducing the administrative burden for businesses, and invests in improvements to the shared border infrastructure and technology.

Outcomes^{Note 19}

Ports of entry focus on high risk goods and individuals by expediting low-risk cargo, passenger baggage and individuals entering either country (Initiatives 5, 6, 8-16 and 20, 22, 24)

Initiative 12 (Enhancing Benefits for Trusted Trader Programs):
In 2014-15, the CBSA entered into a Memorandum of Understanding with U.S. CBP to support the harmonization of CBSA's Partners in Protection (PIP) program and U.S. CBP's – Trade Partnership Against Terrorism (C-TPAT) program. The CBSA continues to work with U.S. CBP on ensuring alignment between the two programs, beginning with the harmonization of highway carriers.

The CBSA also launched a new online Trusted Trader Portal in June 2014 that allows companies to apply for membership in the PIP program, and allow existing members to maintain their Trusted Trader membership. The Portal will serve as the foundation for future phases of Trusted Trader enhancements, including the streamlined exchange of program information between the Trusted Trader Portal and the C-TPAT portal. Other lines of business will be harmonized and implemented through subsequent Information Technology (IT) systems releases.

The CBSA and the CFIA entered Phase II of the pilot project for introducing feasibility of allowing the importation of selected low-risk processed, pre-packaged foods from the U.S. into Canada under the CSA program. However, anticipated regulatory changes that will impact the CFIA's requirements on the importation of foods have resulted in a delay in consultations while the CFIA examines the ramifications of the regulatory modifications. The CFIA has been considering potential solutions and will consult with the CBSA in early 2015-16.

Initiative 13 (Increasing Harmonized Benefits to NEXUS Members):
This initiative is designed to increase and retain membership of the NEXUS program to support strategic management of the border, by focusing resources at ports of entry more on unknown or higher-risk individuals and less on members of NEXUS. As part of a trusted traveller program, NEXUS members are pre-approved as low-risk travelers who enjoy the benefit of expedited travel. In 2014-15, the NEXUS program held six enrolment blitzes, which resulted in enrolling approximately 34,630 members. In addition, CBSA and U.S. CBP continued to move forward with a joint marketing campaign and announced the NEXUS one million members milestone in July 2014.

Further to the Canadian Air Transport Security Authority (CATSA) pilot initiated in November 2013, which utilized screening procedures for NEXUS members that are similar to those used under the TSA's Pre✓™ Program, this benefit was expanded to include four of Canada's busiest airports: Vancouver, Calgary, Toronto (Pearson Terminals 1 and 3), and Montreal. At these lines, trusted travellers have access to faster security screening, for instance, not having to remove shoes, belts, hats, light jackets; and keeping permitted liquids, aerosols and gels in carry-on bags.

At Peace Bridge, Fort Erie, Ontario, CBSA announced a NEXUS electronic gate or “eGate” in July 2014, to allow 24/7 access to the NEXUS lane at this major port-of-entry.

Further to the commitment announced at the North American Leaders Summit in February 2014, Canada continues to work with its counterparts in the U.S. and Mexico to implement a Trusted Traveller Arrangement.

Processes, incentives and infrastructure facilitate cross-border trade (Initiatives 12-24)

Initiative 14 (Enhancing Facilities to Support Trusted Trader and Traveller Programs):
During 2014-15, the CBSA developed the FAST Recommendation Report which the President of the CBSA approved in September 2014. This supports the recommendations for FAST lane and booth expansion/modification in Fort Erie, Ontario; Pacific Highway, British Columbia; and Emerson, Manitoba. More detailed work, including costing and projected timelines, continues on FAST Infrastructure and Membership Expansion for each of the three expansion sites.

In addition, the CBSA continues its work in determining the short and longer term systems options to support FAST Membership Expansion and enabling PIP-only and CSA-only usage of the FAST lane benefits.

As part of the NEXUS lane expansion, there are four outstanding lanes that are planned to be installed.

Initiative 15 (Pre-Inspection and Preclearance):
In 2014-15, negotiations were finalized between Canada and the U.S. on a comprehensive preclearance approach for all modes of cross-border trade and travel. The Agreement on Land, Rail, Marine and Air Transport Preclearance was signed on March 16, 2015, completing a key initiative in the BTB Action Plan. In addition, Phase II of the truck cargo pre-inspection pilot project, which was launched in February 2014, was successfully completed and concluded in January 2015.

Initiative 16 (Facilitating the Conduct of Cross-Border Business):
While the commitments under this initiative were completed by 2013-14, Canada and the U.S. continued to discuss developments with respect to business travel facilitation.

The Government of Canada has met its commitments under Initiative 16.

Initiative 17 (Single Window):
As part of the Single Window Initiative (SWI), CBSA implemented a new pre-arrival Electronic Data Interchange message, the Integrated Import Declaration (IID), on March 29, 2015. The IID will help CBSA achieve its BTB performance outcomes by converting paper permits, licenses and certificates and other import documentation with government regulations to an electronic format for participating Government of Canada departments and agencies. The IID includes all Government of Canada data required for the importation of commercial goods, enables industry to use product identification methods available within their supply chains, and supports facilitated trade transaction processing.

The SWI IID eliminates redundant processes at the border and will provide consistent application of Government of Canada import reporting requirements. It also aligns with international standards and enhances government service delivery for the trade community through simplified border processing.

The SWI is currently in year four of a five-year project. As of March 29, 2015, a major milestone was reached when the SWI went live and into production. SWI functionality (the Integrated Import Declaration, including Document Imaging) was implemented with Health Canada, the Public Health Agency of Canada, the Department of Foreign Affairs, Trade and Development, Transport Canada, and Natural Resources Canada. The remaining department and agencies to onboard are the Canadian Food Inspection Agency, Fisheries and Oceans Canada, Environment Canada and the Canadian Nuclear Safety Commission.

Beyond the March 2015 implementation, the CBSA SWI will continue working on providing enhancements to functionality, further onboarding of programs, certification of Trade Chain Partners, implementation of outreach improvements and integration within the Commercial System enhancements under eManifest.

Initiative 18 (Harmonizing Low Value Shipment Thresholds):
In 2013, the CBSA and U.S. CBP concurrently increased their low value shipment thresholds to $2,500 from the existing level of $1,600 in Canada and $2,000 in the U.S., thereby fulfilling an Action Plan commitment. Canada also increased the low value shipment threshold to $2,500 for exemption from North American Free-Trade Agreement (NAFTA) Certificate of Origin requirements, thus aligning it with the U.S. threshold. At the time that the revised thresholds were announced, it had been estimated that 1.5 million shipments would transition from the regular commercial stream to the Courier Low Value Shipment (CLVS) Program and, in fact, statistical data has proven an even greater number, which has resulted in reduced processing time for businesses and quicker facilitation and entry of goods into the Canadian market.

In 2014-15, CBSA continued to process 98% of all low value shipments on the same day of arrival. This percentage has remained consistent since the inception of the CLVS Program in 1993 in spite of the increased volume of shipments. In order to continue meeting commitments, the CBSA is undertaking a modernization initiative of the CLVS program and will continue to work with U.S. CBP and other Border Five (B5) partners.

The Government of Canada has met its commitments under Initiative 18 and is continuing to strengthen its approach.

Initiative 19 (Accountability for Border Fees/Charges):
To bring greater public transparency and accountability to the application of border fees and charges, PS and U.S. CBP posted Canadian and U.S. border fee inventories online in December 2013.^{Note 41} The inventories set out the purpose and legal basis of these fees and charges, how they are collected, how much is collected, their intended use, and the rationale for collecting them at the border. They include fees that are applied to the entry of goods into the country, mandatory to each and every shipment, established by legal authority (a law, regulation, or statutory authority), and administered by a department or agency of either federal government.

In 2014-15, work concluded on the next phase of the initiative, commissioning a third party contractor to conduct an economic impact assessment of border fees. The assessment focused on the economic impact of border fees and charges included in the inventories on motor vehicle and motor vehicle parts manufacturing, plastic product manufacturing, as well as vegetable and melon farming industries in the U.S. and Canada. Publication of the economic impact assessment results is scheduled for mid-2015-16.

Initiative 20 (Expanding and Upgrading Infrastructure at Key Crossings):
In spring 2013, the Government of Canada announced up to $127 million in funding to expand and modernize facilities at the ports of entry in Lacolle, Quebec; Lansdowne, Ontario; Emerson, Manitoba; and North Portal, Saskatchewan.^{Note 42} Improvements will increase capacity for commercial traffic, reduce wait-times and strengthen border security. Upgrades and improvements to the four funded points of entry are being made and the projects are expected to be completed in 2017-18.

Initiative 21 (Coordinating Investments at Small and Remote Ports of Entry):
In 2014-15, the CBSA continued its efforts in advancing work to support the implementation of the remote traveller processing pilot. During the reporting period, a simulation of the remote traveller processing concept of operations, including supporting infrastructure, technological, policy and program components was developed, tested and refined for implementation.

Initiative 22 (Deploying Border Wait-Time Technology and Establishing Wait-Time Service Levels):
Canada and the U.S. committed to implement border wait-time (BWT) measurement systems at 20 high priority border crossings. To date, these systems have been implemented at seven crossings (four in British Columbia and three in Ontario). Funding has been identified in Canada for the deployment of BWT measurement technology for the remaining 13 high-priority border crossings. Transport Canada, along with its partners, remains committed to the implementation of border wait-time measurement solutions at the high priority crossings. Transport Canada and the U.S. Department of Transportation are currently working in collaboration to deploy technology at these crossings through a series of Regional Roundtable Webinars on BWT. The Roundtables will help harmonize efforts on both side of the border to move forward with deploying wait-time solutions at crossings by offering education and technical assistance. Transport Canada also looks forward to the results of work currently being undertaken by U.S. CBP regarding its data-driven pilot project approach as a potential border wait-time measurement solution.

Initiative 23 (Installing RFID Technology):
During 2014-15, in anticipation of the introduction of Radio Frequency Identification (RFID) technology at Canadian ports of entry, the CBSA began system changes and procurement activities to prepare for the RFID implementation. The CBSA will further advance this project over the coming years by awarding the procurement contract, purchasing and installing the RFID readers, making the necessary system changes, and ensuring the CBSA can access RFID enabled documents at the border.

Initiative 24 (Organizing Bi-National Port Operations Committees):
To date, 28 Bi-National Port Operations Committees (BPOC) have been established. Eight of these committees are present at each of the Canadian airports which provide U.S. preclearance, while the remaining 20 were established at land border POEs. BPOCs were put in place to ensure cooperation and partnering to enhance collaboration on overall port management, coordinate emergency response and preparedness, integrate enforcement efforts, and to improve the efficiency of the mitigation strategies for border wait-times. These committees play an important role in improving how the Government of Canada manages travel and trade flows and expedites the processing of travellers and goods.

The Government of Canada has met its commitments under Initiative 24. Each of the 28 BPOCs will continue to meet at least four times per year while also implementing their individual action plans.

Theme 3 – Cross-Border Law Enforcement (Initiatives 25 and 26)

Canada and the United States have developed successful models for preventing criminals from crossing the border to escape justice. The Shiprider program, for example, employs cross-designated officers to patrol the maritime areas between our two countries, while bi-national law enforcement cooperation and Border Enforcement Security Task Forces support joint investigations and law enforcement action at and between ports of entry. The Action Plan moves forward with new initiatives that build on these successful law enforcement programs.

Outcomes

Canada and the United States cooperate on national security and transnational criminal investigations (Initiatives 24-26)

Initiative 25 (Pursuing National Security and Transnational Criminal Investigations – Shiprider/Next Generation):
In 2014-15, over 1700 patrol hours were conducted and approximately 520 vessels were boarded during Shiprider operations. In addition to enforcing laws and regulations (including the Customs Act, Criminal Code, Canada Shipping Act, and Excise Act), and supporting operational surge events, Shiprider teams assisted in several search and rescue operations.

Arrests for offences such as possession of illegal firearms, impaired boating, and execution of outstanding arrest warrants, serve as demonstrable examples of the results of the Shiprider program. This work was further supported by the training of an additional 21 police officers. The increase in Cross-Designated Shiprider Officers provides greater operational capacity and ability to investigate and respond to safety and security threats.

Initiative 26 (Radio Interoperability):
A bi-national radio interoperability system between Canadian and U.S. border enforcement personnel was introduced to permit law enforcement agencies to coordinate effective bi-national investigations, to allow for timely responses to border incidents, and to improve both officer and public safety.

As of March 31, 2015, the RCMP and U.S. CBP have connected two of seven divisional locations (Washington-Vancouver and Detroit-Windsor). It is expected that in 2015-16, significant progress will be made on establishing full connectivity for the remaining locations.

Theme 4 – Critical Infrastructure and Cyber Security (Initiatives 27-32)

Canada and the United States are connected by critical infrastructure — from bridges and roads to energy infrastructure and cyberspace. The Beyond the Border Action Plan includes measures to enhance the resilience of shared critical and cyber infrastructure and to enable the two countries to rapidly respond to and recover from disasters and emergencies on either side of the border.

Outcomes

Canada and the United States share a common approach to protect Critical Infrastructure and Cyberspace (Initiatives 27-29)

Initiative 27 (Enhancing Cross-Border Critical Infrastructure and Resilience):
In 2014-15, Public Safety Canada (PS) continued to implement the Canada-United States Action Plan for Critical Infrastructure^{Note 56} to deliver an integrated cross-border approach to critical infrastructure protection and resilience. In partnership with the U.S. Department of Homeland Security (DHS), PS launched a second cross-border Regional Resilience Assessment Program (RRAP), with joint assessments in the Yukon and British Columbia regions. The RRAP is an ongoing effort to bring together regional officials and private sector stakeholders to assess infrastructure of bi-national importance, analyze interdependencies and risks, and address identified gaps.

In parallel to the cross-border work, PS continued to expand the RRAP program domestically. Working with provinces, territories and critical infrastructure owners/operators, PS conducted site assessments of vital assets and systems in British Columbia, Saskatchewan, Ontario, Quebec, New Brunswick, Nova Scotia and the Yukon Territory. In addition to domestic expansion, PS continued to integrate the cyber-assessment methodology program known as the Canadian Cyber Resiliency Review (CCRR). The CCRR program has been successfully utilized in Nova Scotia, New Brunswick, Alberta and Manitoba regions.

In addition, PS continued to implement the Virtual Risk Analysis Cell (VRAC) to undertake joint risk management activities with DHS. The VRAC is an interagency organization that was established to conduct joint risk analyses, develop collaborative cross-border analytical products and share methodologies and best practices to enhance critical infrastructure resilience. In particular, over the last year, work was conducted by VRAC to identify cross-border cyber dependencies.

Initiative 28 (Government and Digital Infrastructure):
The Canadian Cyber Incident Response Centre (CCIRC) and its U.S. counterparts, the United Stated Computer Emergency Readiness Team (US-CERT) and the Industrial Control Systems Cyber Emergency Response Team (ICS-CERT), have continued to strengthen information sharing activities, as well as bolster collaboration to improve the cyber resilience of critical infrastructure. With respect to cyber incident management, PS worked to align and standardize processes and escalation procedures, undertook joint simulation and training activities, supported analyst exchanges, and cooperated on botnet takedowns. Further, both countries are part of ongoing technical discussions along with Australia, New Zealand and the United Kingdom, to implement STIX/TAXII (the Structured Threat Information eXpression and the Trusted Automated eXchange of Indicator Information), which will facilitate real-time cyber security information sharing between governments and critical infrastructure stakeholders. On engagement with the private sector to increase awareness of cyber security issues and best practices, PS has shared approaches and collaborated on joint briefings and materials for various critical infrastructure sectors, including energy and finance. Next steps include better coordination on cyber incident response, sharing more in relation to industrial control systems, and continuing to build on joint engagement with industry and coordinated public awareness efforts.

Initiative 29 (Expanding Joint Leadership on International Cybersecurity Efforts):
During 2014, PS deepened and advanced its international outreach significantly, both bilaterally and jointly with the U.S., through international fora aimed to maintain an open, free and secure cyberspace, which is essential to ensure the safety and security of all Canadians and to secure Canada's competitive advantage in the global marketplace. In 2014-15, Canada continued prioritizing its participation in international activities including its contribution within the Organization of American States and the Western Hemisphere. Participation at the Organization for Economic Cooperation and Development (OECD) Working Group on Information Security was continued, as well as the Association of Southeast Asian Nations Regional Forum Cyber Confidence Building Measures Workshop.

With regards to countering cybercrime, Canada has completed all legislative changes necessary to ratify the Budapest Convention which came into force in 2015.

Canada and the United States can rapidly respond to and recover from disasters and emergencies on either side of the border (Initiatives 30-32)

Initiative 30 (Mitigating the Impacts of Disruptions on Communities and the Economy):
Canada and the U.S. are developing, on a regional basis, a joint cross-border approach to expedite maritime commerce recovery after a major disruption. Transport Canada leads the marine component of this initiative, while PS leads in the land border domain.

Marine: In 2014-15, to support work in the Great Lakes Region, TC and the U.S. Coast Guard (USCG) facilitated private/public sector stakeholder consultation sessions in Montreal, Hamilton, Detroit and Chicago. As a result of this work, Great Lakes Region Maritime Commerce Resilience guidelines were drafted and are currently being implemented. To support this initiative in the Atlantic region, TC and USCG held an initial webinar with regional stakeholders and have planned face-to-face stakeholder consultation sessions for 2015-16.

Land: In 2014-15, PS continued its work with CBSA and regional stakeholders to develop border traffic management plans. In particular, PS worked with the government of New Brunswick to develop a strategic border traffic management plan to guide regional activities to enhance active monitoring, planning and operations. In addition, PS partnered with the Government of Saskatchewan to develop a strategic border traffic management plan and an operational plan for the North Portal Point of Entry. This work will culminate in a border traffic management exercise in Saskatchewan in early 2016. Moving forward, PS will continue its work with CBSA and regional stakeholders across Canada to develop border traffic management plans and to conduct exercises to test these plans.

Initiative 31 (Enhancing Preparedness for Health Security Threats):
In 2014-15, oversight of health security under Beyond the Border transitioned from Public Safety Canada to the Public Health Agency of Canada to enhance strong linkages between health and security portfolios. Throughout 2014-15, Canada and the U.S. continued to collaborate on health security by entering into negotiations on a Forward Plan that introduced new or enhanced measures to build upon initial Beyond the Border successes and lessons learned. In support of the Forward Plan, the Canada-U.S. Beyond the Border Health Security Working Group will be developing a new workplan to be implemented over a three-year timeframe to advance cooperation in the areas of: information sharing, collaboration, interoperability and lessons learned. The workplan will form the basis for enhanced preparedness in areas such as the movement of medical countermeasures and the deployment of public health, medical and other health-related personnel.

Initiative 32 (Emergency Management - Chemical, Biological, Radiological, Nuclear and Explosive (CBRNE), and Interoperability):
The BTB Action Plan established two working groups under Initiative 32 to jointly improve the ability of Canada and the U.S. to prepare for and respond to bi-national disasters: the Canada-U.S. Working Group and the Canada-U.S. Communications Interoperability Working Group (CANUS CIWG).

The CBRNE Working Group is focused on preventing, mitigating, preparing for, responding to, and recovering from CBRNE events. In 2014, Canada and the U.S. collaborated on advancing joint CBRNE-related training opportunities. As a result, Canadian emergency management officials will be able to participate in training offered at the Federal Emergency Management Agency's (FEMA) Emergency Management Institute and the Center for Domestic Preparedness. In addition, Canadian and U.S. officials held discussions to exchange information on standard information sharing and modeling protocols (e.g. plume modeling) to facilitate a joint response to a cross-border CBRNE incident. Moving forward, the Working Group will focus on developing a CBRNE mutual assistance concept of operations.

The CANUS CIWG is focused on promoting cross-border coordination in order to improve public safety communications interoperability. In 2014-15, the CANUS CIWG completed a number of activities associated with this objective including:

• coordinated with the Federal Communications Commission and Industry Canada to develop a Statement of Intent allowing the use of portable radio units across the borders by public safety licensees of either country;
• developed a Memorandum of Understanding to permit automated exchange of information between Canadian and U.S. situational awareness and reporting systems;
• engaged with federal, state, provincial/territorial and local public safety first responders along the border to document existing interoperability efforts; and
• convened the third Canada–U.S. Enhanced Resiliency Experiment to advance cross-border coordination and response through shared information, data, and alerts and warnings.

Looking towards 2015-16, the CANUS CIWG will continue to advance activities outlined in the 5-year work plan (e.g. promote the use of standards and governance models regarding the use of social media in emergency management and share best practices and lessons learned for processes such as cross-border frequency sharing.)

Governance to oversee the successful implementation and to maintain transparency and accountability

Initiative 33 (BTB Governance and Oversight):
In 2014-15, the Border Implementation Team at the Privy Council Office (PCO) continued to monitor implementation of Action Plan initiatives for Canada. This included convening the third annual joint Canada-U.S. Executive Steering Committee, which met in September 2014 to oversee progress on existing initiatives and to identify areas of further work. PCO also convened regular meetings with implicated departments and agencies at the working, Assistant Deputy Minister and Deputy Minister levels, in order to monitor overall progress and to advance specific issues, and coordinated efforts with the U.S. Government. To support transparency and accountability, PCO, in collaboration with the U.S., finalized the third annual joint Beyond the Border Implementation Report to Leaders. In addition, numerous stakeholder engagements in Canada and the U.S. were used as a supplementary mechanism to communicate and consult on Action Plan initiatives.

Privacy principles to inform and guide information and intelligence-sharing under the BTB Action Plan

Initiative 34 (Developing a Statement of Privacy Principles and Practices):
Responsible sharing of personal information between Canada and the U.S., in accordance with the domestic laws of both countries, is a cornerstone of the Action Plan. An early deliverable under the Plan was the Canada–U.S. Joint Statement of Privacy Principles^{Note 57}, released in June 2012. The 12 principles cover the provision, receipt, and use of personal information exchanged by Canada and the U.S. pursuant to any information-sharing arrangements and initiatives under the Action Plan, are consistent with domestic privacy laws in both countries, and were inspired in part by international standards and guidelines on privacy (OECD, EU-U.S.)^{Note 58}.

To date, the principles have been applied to a number of arrangements, including Phase I and Phase II of Entry/Exit,^{Note 59} the Agreement between the Government of Canada and the Government of the United States of America for the Sharing of Visa and Immigration Information^{Note 60}, and the Integrated Cross-Border Maritime Law Enforcement Operations Framework (Shiprider). In addition, tools were created to assist lead departments in determining whether and how to apply the Principles in cross-border information sharing arrangements under the Action Plan.

No other cross-border sharing of personal information has been identified under the remaining planned BTB initiatives. Should this change, the Privacy Principles will be applied accordingly.

The Government of Canada has met its commitments under Initiative 34.

Date modified:

2018-01-31