Fact Sheet

1999

Implementation plan for new customs officers powers

Bill C-18, An Act to Amend the Customs Act and the Criminal Code, received royal assent on May 12, 1998. It broadened the scope of customs officers' current power of arrest to include all federal offences, including Criminal Code offences.

The passage of this new legislation represents a significant change for the Canada Customs and Revenue Agency (CCRA). Since royal assent, the CCRA has:

• consulted with law enforcement agencies;
• developed policies and operating procedures;
• designed and implemented personal protection training;
• designed a specialized training program for designated officers; and
• reviewed facility readiness.

Research and consultation have also been undertaken on the need to provide the necessary tools to designated officers to assist them in safely and effectively carrying out their new responsibilities.

Implementation

Implementation will take place at 32 customs ports including large and medium-sized land border locations and the four busiest international airports. These locations represent 82% of traveller and commercial traffic entering Canada.

The initiative will be implemented at the Ambassador Bridge and the Detroit-Canada Tunnel in Windsor, Ontario, in May 2000, followed by the remaining large and medium-sized ports. A sufficient number of staff will be trained and designated at each location to allow for shift schedules and to ensure appropriate service. The initiative will not be implemented at any site until an appropriate number of officers have been trained and designated.

Earlier this year, the CCRA implemented a personal protection training program which has been delivered to approximately 1,000 employees across the country. This program will be enhanced to include both classroom and practical training geared to those officers who will be designated to perform the enhanced Criminal Code enforcement role. The training will include legislative authorities, theory, and Criminal Code court jurisprudence. It will also include practical training on the identification of Criminal Code offences and on the effective use of roadside Alcohol Screening Devices. No customs officer will be designated until he or she has successfully completed these training programs.

Training will concentrate on those offences that are regularly encountered at the border. They are impaired driving; child abduction; and possession of stolen property. Designated officers will also be trained to detain and arrest individuals who are the subject of outstanding Canadian arrest warrants.

The primary role of customs officers at the border will not change. Customs service to the travelling public will not be affected. The legislation empowers designated customs officers to carry out their new Criminal Code enforcement responsibilities during the course of their regular customs duties at ports of entry. They will bridge the gap between the time the offence is detected at the border and the arrival of police. Designated officers will not be responsible for the investigation or prosecution of Criminal Code offences. This will continue to be the role of police.

In order that officers be properly equipped to carry out this new role effectively and safely, designated officers at land border crossings will be equipped with batons and OC Spray (pepper spray). Officers will be required to pass comprehensive training in the deployment of these tools. They will be subject to periodic recertification. The CCRA is confident that customs officers can continue to do their job without the aid of firearms. It is our position that the presence of firearms has the potential to incite violence on the part of travellers. Consequently, officers will not carry firearms.

Officers will continue to resolve conflict situations through verbal communication with travellers. The CCRA use-of-force policy will set out strict guidelines on the circumstances under which officers will be authorized to use physical force. Force will only be authorized in situations where physically threatening or violent behavior is encountered on the part of the traveller. In these cases, minimum force will be used in self defense and in order to arrest the suspect.

This phase of implementation will be monitored closely. Following a full evaluation, the CCRA will determine its next steps.

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