Canada Border Services Agency (Re), 2024 OIC 15
The Information Commissioner initiated a systemic investigation into the Canada Border Services Agency (CBSA) due to a significant increase in access requests for immigration information and a rise in delay complaints. The investigation found that CBSA is overwhelmed by these requests because Immigration, Refugees and Citizenship Canada (IRCC) has not implemented an effective system for clients to retrieve their own immigration application information. This has caused a spillover effect, increasing CBSA's workload. The Commissioner made recommendations to the Minister of Public Safety and Emergency Preparedness to address the issue, and CBSA has committed to implementing them.
- High volume of access requests for immigration application information made to CBSA.
- Increase in delay complaints against CBSA.
- Lack of an effective system for clients to retrieve immigration application information directly from IRCC.
- Impact of IRCC's delays on CBSA's ATIP unit workload.
Complaint well founded.
The investigation found that CBSA is unable to meet its obligations under the Access to Information Act due to the high volume of access requests for immigration information, stemming from IRCC's failure to provide clients with direct access to their application details. CBSA has implemented measures to address the workload, but the underlying issue with IRCC remains.
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The Commissioner recommended that the Minister of Public Safety and Emergency Preparedness continue to develop automation tools, improve consistency in applying minimal exemptions, collaborate on best practices, and secure adequate funding and human resources for the CBSA ATIP office to meet legal obligations and eliminate its backlog.
- s. 7 ATIA
- s. 9 ATIA
- s. 10(3) ATIA
- s. 8 ATIA
- s. 39(1) ATIA
- s. 95 ATIA
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