June 7-8 – Toronto, Ontario
Presenters: All members
See Item # 3 for report from members.
Presenter: Cathy Munroe, Programs Branch
Cathy Munroe opened the meeting with a welcome to all Members and provided an overview on membership changes and changes within the CBSA. This was followed by roundtable introductions.
Feedback from last BCCC meeting, which included an Other Government Department (OGD) day, was positive, and it was agreed it would be useful to host an OGD day every three or four meetings.
The first edition of the Commercial newsletter will be prepared in August 2011. Once produced, the newsletter will be a good vehicle to send out to our OGD partners.
Members requested that the BMAP be a topic of discussion at the next meeting, and the CBSA confirmed that this would be presented along with the Perimeter Vision at the fall 2011 meeting.
The February Record of Meeting (RoM) and the day's agenda were tabled; there were no additional comments and both were approved.
Presenter: Larry Hahn, Livingston International Inc.
Issue Log feedback included recognition of improvements to the Issue Log. Members confirmed that they approved the inclusion and dissemination of an external member contact list with the Issue Log.
The Members requested that meeting invitations (to confirm dates) be sent out during election periods because the recent scheduling impact they felt following the election was far too great. The CBSA indicated that the restrictions were extreme and next time communication would be kept open as much as possible.
Members would like to see an improvement to OGD contact with the CBSA, in particular on OGD SWI issues that may have an impact on Trade and Industry at the border. It was noted that SWI needs to be engaged in assisting non-resident importers and that this could be accomplished through the CBSA Trusted Trader programs. The CBSA indicated that this would be a timely discussion for the Trusted Trader Sub-Committee meeting in the following weeks.
A suggestion was made that the TSU have a permanent seat on the eManifest Stakeholder Partnership Network (eSPN) working group to discuss the various eManifest elements. Members also noted that invitations to conference call only went out to the technical working group and not to a broader group of carriers. The Agency agreed that it would be beneficial to host another teleconference call that would include a broader group.
Members requested an update on offloading policy; the CBSA confirmed that they would provide an update shortly.
The issue regarding food/produce inspections was discussed. Industry feels that a disconnect remains over the offloading of shipments and damages to loads across the country. Industry is willing to work with the CBSA to share best practices. The CBSA suggested that the attending Regional Director, Rick Comerford, discuss next steps with the member during the break.
Members mentioned an issue at the port of Montréal concerning cargo remaining at the BW warehouse and not the CW warehouse; this resulted in AMPS penalties for some carriers. The CBSA confirmed the Agency does not want to make sudden changes that will be punitive on Trade and that a review has been initiated to ensure policies are up-to-date and followed consistently across the country. The CBSA will follow up on the specific issues identified.
Presenter: Brent Patten, Programs Branch
The CBSA provided an update on Mandatory Electronic Data Interchange (EDI): Customs Notice 11-004 went out on May 11, 2011, to announce the next phase of increasing the use of EDI – ultimately requiring full EDI reporting (some exceptions will still apply). The time frame is as follows:
A Customs Notice will be disseminated in summer 2011 that will set out more details about mandatory Harmonized System (HS) Code, its implementation strategy and the Zero-Class code that was developed as an interim measure for situations where not all HS Codes are known at time of interim accounting. This interim solution will be eliminated with the full implementation of eManifest Advance Trade Data (ATD) requirements.
Outreach and consultation relating to electronic warehouse arrivals, specifically with sufferance warehouse operators, has presented some challenges. The CBSA will continue to move forward with consultations with sufferance warehouse operators to facilitate mandatory electronic arrivals.
Presenter: Brent Patten, Programs Branch
The CBSA provided an update on the Examination Sub-Committee held on June 6, 2011. There were four key messages:
In response to the 12 marine containers found to have trace amounts of radiation (found to be within safe levels) originating in Japan, the CBSA confirmed that it has recently finalized procedures with the Canadian Nuclear Safety Commission (CNSC) and they have committed to a service standard. When radiation is detected at a level where it needs to be treated, the CNSC will work with the Importer and Trade community on whether the goods can be cleaned or returned to the source country. The CBSA has organized outreach sessions – the first of which will take place June 20, 2011, in Montréal.
Presenter: Brent Patten, Programs Branch
The Chair provided an update on the OGD Sub-Committee and confirmed that the OGD community was provided with a form which they can use to contact the CBSA and Trade to advise of their new regulations. The Sub-Committee has heard presentations from Industry Canada and the Department of Finance Canada. Members responded that there should be a forum where OGDs proposing change should also speak with Industry. Their consultations should include regulatory affairs and Industry.
The CBSA indicated that this Sub-Committee would be a good venue in which to bring those consultations together.
Presenter: Malcolm Brown
The Executive Vice-President (EVP) greeted the BCCC Members and complimented all of the Members on their investment and the seriousness of the work that is being accomplished. The Members were urged to continue to come to these meetings with their suggestions. Mr. Brown spoke of his experience within the federal government, including time spent at Citizenship and Immigration Canada.
He acknowledged that border and transportation issues are of great importance and that the Agency is well placed to have its say in relation to Perimeter Vision. The CBSA will ensure that the issues being brought forward at the BCCC are being reported.
The EVP noted that Perimeter Vision will need to be implemented carefully. Some progress has been made on both sides of the border, yet there is much work to be done to ensure that what is committed to can be delivered. This will require ongoing commentary, support and criticism by the BCCC.
Mr. Brown concluded by saying that the CBSA is looking to ensure the improvement of front line service delivery.
Presenter: Chris Henderson, Programs Branch
The CBSA provided an update on Perimeter Vision and how it will drive the course for the Agency. The presentation focused on two key areas of cooperation:
The CBSA informed Members that the Border Action Plan will need to be tangible and implemented rapidly. This will take coordination of efforts, building on effective and successful programs, and where possible, reduce costs and duplication to get the return on investment. Moving forward, the CBSA will rely on input from Industry, Trade and the BCCC.
In response to the question of how Perimeter Vision will change the Agency's agenda, the CBSA replied that in general, the Declaration does not change the Agency's vision as the CBSA is already working toward many of the likely Border Action Plan items. However, there will be a more aggressive timeline and a renewed focus on how far we may be able to progress in areas where it was previously difficult to get traction. The Agency has fed information and requirements up to senior government officials on Perimeter Vision. While the work ahead will be challenging, no major surprises have surfaced.
The next steps are negotiations, which are taking place now and should be complete in early July 2011. Subsequently, it will need to go through approval processes in Ottawa and Washington. The proposed timeline for sign off is currently September 2011.
The CBSA will continue to provide updates to the BCCC on Perimeter Vision through regular meetings.
Presenter: Brent Patten, Programs Branch
The CBSA confirmed that, as successful as Courier LVS has been since its inception in 1993, a review in 2009 identified gaps within the current program. The Agency aims not only to minimize these gaps, but to implement additional eligibility requirements to ensure that the Courier LVS Program is harmonized with other CBSA import streams and the World Customs Organization (WCO) international standards. These new requirements will increase risk assessment capabilities while continuing to provide an expedited service within a secure environment.
The CBSA has recommended a grace period of six months to current Courier LVS Program participants so that they may explore properly their status within the Program. Members indicated that this time frame seems too short and questioned whether there will be a requirement for Customs Self-Assessment (CSA) / Free and Secure Trade (FAST) drivers. The CBSA will review the timeline and requirements following consultations with the affected companies to ensure that inconsistencies are not created.
Presenter: Brent Patten, Programs Branch
The CBSA confirmed that it will sunset the post-audit carrier program as of June 2014 and that existing carriers would be grandfathered for a three-year period beginning June 2011 to provide adequate time to make changes and ease the burden on post-audit carriers. During this time, the post-audit program would remain active, but a moratorium would be placed on new applications. Following the three-year period, remaining eligible post-audit carriers who choose not to become CSA participants would revert back to bonded carrier status.
At the request of the Members, the CBSA will revisit the length of the moratorium, explore why post-audit carriers are not interested in joining CSA, and look into a potential transition of post-audit to CSA.
Members expressed concern over the potential issues of CSA vs. post audit. The CBSA committed to examine the differences and explore why some clients are not opting into the CSA program. Members suggested a transition period would be beneficial for clients to get to CSA. This will be brought back to the Trusted Traders programs for further discussion; the next Trusted Traders Sub-Committee meeting is June 29, 2011.
The CBSA realizes that there needs to be a level playing field and will be conducting further consultations with associations and BCCC Members on this matter.
A Customs Notice will be finalized and issued shortly. Any updates will be included on the CBSA Web site.
Presenters: James Moram, Shipping Federation of Canada
Baplie was presented and described as a warehouse management plan for vessels. It enables the efficient discharge of containers from vessels and facilitates the work of terminal operators and marine carriers.
Baplie is released in versions and the following versions are currently in use by Industry: 2.07 and 2.1. Older versions, such as 1.5, are no longer supported.
The CBSA responded to the member's recommendation that the CBSA accept all versions of Baplie and become a member of the SMDG (a non profit group of companies that develop and promote the UN/EDIFACT messages for the marine industry) by confirming that this matter will be discussed in more detail at the June 20, 2011 meeting between the Agency and the Shipping Federation of Canada. The CBSA did confirm that, at this time, Baplie version 2.07 will be supported; however, Baplie version 3.0 will not.
Presenter: Jason Proceviat on behalf of Mike Leahy, Programs Branch
The CBSA confirmed that the Sub-Committee is now working on an air outages contingency plan and that internal consultations continue. Once air mode is complete, the focus will turn to marine and rail modes. Complete outages will be considered first, followed by partial outages.
The CBSA confirmed to Members that paper reporting, although not ideal, is the current method to be adopted during outages and that other options will need to be looked at.
The CBSA also confirmed that there are provisions in place for Trusted Traders.
Presenter: Cathy Munroe, Programs Branch
The CBSA provided a recap of the meeting's discussion.
The day was closed by the Chair of the meeting thanking Members for their participation. It was agreed that the meeting would resume at 8:30 a.m. the following morning.
Presenter: Cathy Munroe, Programs Branch
Members were reminded to fill out the meeting evaluation form.
Megan Imrie, Director General, Border Operations Centre and Major Events, was introduced.
Presenter: Megan Imrie, Operations Branch
The CBSA provided an overview of the Government of Canada's Plan for the Movement of People and Goods that is intended to deal with large-scale national events, major disruptions and emergencies resulting in National Border congestion. It was noted that the framework is useful to the regional level in developing regional emergency response plans.
The CBSA has discussed Canada's plan to prioritize goods and people with the United States, and the United States are currently working on a similar framework. Within Canada's plan, there is a template for the prioritization of goods and people which will be used by the Canadian government to assess which goods will need to be considered a priority based on the current response. Members expressed concern over the developed list and what impact would be felt by clients in Trusted Traders programs. They also enquired as to how a specific company would request that their goods be prioritized. The CBSA advised that these items will be discussed internally and brought back to the BCCC. It is not the intent of the Government of Canada or CBSA to negatively impact Members of Trusted Traders programs.
The Agency confirmed it continues to work on various aspects of a Government of Canada communication strategy. The CBSA currently makes use of social media and its Web site to provide information. Members requested that the contact list for various stakeholders be updated, validated and shared. Members also proposed that links to other Web sites (i.e. provincial/state government sites) be accessible from the CBSA page. The CBSA will present this to the Communications Directorate and report back on the results.
The CBSA confirmed that the United States will be leading a tabletop exercise and the Sub-Committee will report the results to Members at a future BCCC meeting.
The CBSA has worked closely with Public Safety Canada who is the lead on traffic management and critical infrastructure. Additional awareness sessions and/or exercises will continue to be carried out to promote the plan.
The Members were provided with an overview of the acts as the primary conduit through which stakeholder, responders and offices of primary interest will address significant events. The Border Operations Centre also houses the International Events Section, which provides border coordination services with the objective to ease border crossing through pre-arrival communication and encourage foreign events to take place in Canada. Border procedures and processes are streamlined through the International Events and Convention Services Program, a federal program specifically aimed at tourism and the international business community.
Members expressed concern with the level of consultation. The Contingency Planning Sub-Committee will hold a meeting and return in the fall with updates.
Presenter: Jason Proceviat, Programs Branch
The CBSA confirmed that the first Major Projects Sub-Committee conference call will take place June 15, 2011 and an invitation will be sent to all Members for a TSU conference call.
The Agency provided an update on the eManifest Sub-Committee. Since going live on October 31, 2010, there have been 9,547 conveyance transactions and 145,000 cargo transmissions. In response to Members question asking how companies were connecting, the CBSA provided the following update:
The CBSA announced that the portal is stable; however, there are IT infrastructure issues with the platform. The Agency will continue to push for a June release, but this may be delayed until end of summer 2011.
The CBSA asked that the outstanding item regarding the U.S. ACE be removed from the Issue Log; U.S. CBP has not returned with a response. The CBSA confirmed that it has been proactive in its outreach to alternative markets in order to raise awareness of U.S.-based carriers affected by eManifest. Members offered to have their associations assist in promoting eManifest in that market.
Currently there are two forms (the application to the program and the third party consent form) which will eventually be merged into one document. Processing approval for carriers and third party service providers requires additional deliberations and clarification. While the CBSA is working within the confines of current federal and program legislations, it will work closely with the BCCC Members to move this forward in the least cumbersome manner.
Electronic arrivals for marine and air modes have been identified as new priorities. The projected date is October 2012.
It was confirmed that the issue of arrivals vs. release merits some additional investigation. Members requested a walk-through exercise for the various modes. The CBSA will look at creating a working group with Trade community to look at the processes and identify where problems lie.
The CBSA confirmed that there have been benefits to the Agency and to Industry since the implementation of eManifest. In Windsor, commercial carriers clear the border faster as the advanced information has been provided. A carrier posted on their Web site that they have seen a 25-percent efficiency gain.
A conference call will be set up during the month of July 2011 to reach out to clients in production with eManifest and allow for a broader discussion to identify any operational or policy issues or challenges with eManifest.
Presenters: Brent Patten, Programs Branch
The CBSA provided an update on the modernization of/proposed changes to the Export Summary Reporting program which has been approved by senior management. The CBSA does more than provide statistics on exported goods; it is entrenched in OGD requirements and the interdictions of prohibited or dangerous goods that are in conflict with CBSA's counter proliferation program.
The Agency has consulted and involved stakeholders in the Summary Reporting Program (SRP) review; sent letters to SRP participants advising them of changes; and, initiated internal development on Program changes such as new eligibility criteria. The aim is to align with U.S. CBP and explore the possibility to align SRP with existing CBSA Trusted Trader programs.
It was noted that regulatory changes will be required.
Presenters: Afshin Shams, Programs Branch
The CBSA provided an update on the Administrative Monetary Penalty System (AMPS) Sub-Committee. It was established that Phases I and II of the AMPS implementation are complete with the most notable change being the reduction of the number of penalties. Phase III will see the continued collapse of AMPS contraventions.
The current status of work being completed includes: an online training course for border services officers (BSOs); the development and implementation of penalties for commercial food, plant and animal contraventions; new penalties for upcoming programs such as eManifest; and a performance management framework for AMPS, by March 2012, to enhance program monitoring.
Some AMPS penalties, when input by regions and not addressed within 30 days, will revert to the original AMPS – this only applies to a specific list of penalties. The CBSA confirmed that this has not been implemented. Members will be advised of a release date once it is available.
The CBSA provided an update on the Customs Controlled Areas (CCA). The CBSA will complete a Privacy Impact Assessment (PIA) for CCAs in July 2011. This PIA will be submitted to the Office of the Privacy Commissioner as well as the Treasury Board for review and approval. Upon approval, the CBSA will submit the regulatory package to the Treasury Board Committee for final approval and publication in the Canada Gazette, Part II.
The CBSA provided an update on the CSR and confirmed that the Agency did not receive any funding for the review when the 2011 federal budget was tabled. The Agency will continue to look at acquiring funds for the future implementation plan for the marine and rail modes. The CBSA does not have a timeline for implementation due in part to a resourcing issue. Discussions will continue over the next few months and updates will be made available to BCCC Members.
Presenters: Jim Phillips, Canadian/American Border Trade Alliance and Barry Desormeaux, Operations Branch
The Sub-Committee has identified gaps where metrics have not been recorded by the CBSA: Commercial Primary Inspection Lane (PIL) processing time and (Free and Secure Trade) FAST trucks. The Sub-Committee is also analysing the variances to examination time of passenger processing at major ports and will provide recommendations. In response, the Commercial Border Programs Director indicated that a similar system to the Primary Automated Lookout System (PALS) has been developed for the commercial stream. It is anticipated that an update be available for the next BCCC meeting.
Two items that have an impact on wait times during traveller and commercial processing are the number of open PILs and the time required to clear the conveyance. Both will be monitored and evaluated. Any traveller wait time over 60 minutes is addressed.
The CBSA has worked to make improvements to increase the efficiency of systems log-in/log-off by BSOs at PIL and will be continuing to try to improve. The U.S. CBP has reduced this process to 10 seconds. It was noted that the ready lane pilot at the Ambassador Bridge has seen a savings of 24 seconds per inspection.
Implementing Radio Frequency Identification (RFID) technology would decrease wait times. This type of technology could see reductions in 100 officers on both the Canadian and U.S. sides of the border. Further consultations will take place with vision teams from both countries. This will also require additional consultations with Passport Canada to explore potential future capabilities that could be deployed between Canada and the United States.
The CBSA reviewed the 2010 Summer Action Plan (SAP) and confirmed that its main objective was achieved: performance improved at land border port of entry in light of the rising traveller and commercial volumes. Enforcement activities and the collection of duties and taxes remained consistent.
The 2011 Summer Action Plan will be expanded to the air mode and implemented taking into account external factors impacting traveller volumes as well as internal Agency factors, such as infrastructure and the loss of student BSOs. The Agency intends to proactively open PILs, stagger bump times, use discretion for leave authorization, and work on bus clearance while maintaining its mandate to adhere to the official language requirements.
The CBSA will continue to communicate this plan with the public and Industry using social media and the internet. As part of the evaluation framework, a mid-summer review will take place in order to evaluate the effectiveness of the SAP.
Members provided positive feedback to border management over the Victoria and Memorial holiday weekends. It was also noted that the media has been picking up and reporting on border traffic trends; this is a positive result of the CBSA's recent efforts communicating announcements to the public in a timely manner.
Presenters: Kerry Schleppe on behalf of Mike Feniak, Programs Branch
The CBSA Assessment and Revenue Management (CARM) Sub-Committee's inaugural meeting was held on May 16, 2011 in Toronto, Ontario, with the key points raised being account security; impact on K84 statements and reconciliation; time limit for submitting accounting data to CBSA; and, electronic payments for non-Canadian financial institutions. The Sub-Committee has developed an Issue and Action log that will be prioritized by the membership. The overall consensus is the Sub-Committee's membership is an appropriate size and that CARM is a positive change.
The four phases of CARM will be implemented over a ten year period ending in 2018. This project is funded.
Consultations are beginning on reporting and reconciliation of payment information. A proposal to modify the billing period to a standard month was tabled.
The CBSA confirmed that further discussions surrounding reporting periods will be required and the length of accounting time frames will be addressed in consultation with eManifest in order to align policies. Members indicated that having fewer days to confirm entries would be a challenge, but it is surmountable.
The Sub-Committee meets next on June 21, 2011, in Toronto.
Presenter: Cathy Munroe, Programs Branch
The committee Chair led a productive Sub-Committees review to identify areas of overlap, reduce over consultation and ensure all Sub-Committees are still relevant at this time.
Members suggested that Sub-Committees should have a two-year lifespan from this point forward. Should additional time be required, the Sub-Committee should provide a justification of their lifecycle to the BCCC.
Members indicated that Terms of Reference for all Sub-Committees include a point that if work being completed touches on another Sub-Committee, that the other Sub-Committee be advised in writing.
Presenters: Cathy Munroe, Programs Branch
The CBSA provided a recap of the meeting's discussion.
Members were reminded to complete the meeting evaluation form and return it to the BCCC Secretariat.
The meeting was closed by the Chair of the meeting thanking Members for their long-time involvement and commitment to the BCCC.