Question Period Note: Misconduct by Border Services Officers

The CBC released an article based on CBSA officer misconduct and wrongdoing.

• The actions of a few do not reflect the integrity and professionalism of thousands of CBSA employees and officers who carry out their duties in an exemplary manner.

• All CBSA employees are subject to a very strict code of ethics and behaviour and any employee who violates these may face disciplinary action.

• All allegations of improper or illegal behaviour by CBSA employees are taken very seriously and are thoroughly investigated and acted upon accordingly.

• CBSA employees are expected to uphold the law in carrying out their duties. The agency has no tolerance for any illegal or inappropriate actions.

• As soon as a Code of Conduct violation is brought to the attention of the CBSA, an internal investigation is undertaken.

• Appropriate corrective measures follow when allegations are determined to be founded.

• The Government tabled Bill C-20 on May 19, 2022, to establish an arm’s-length review body for matters related to CBSA employee conduct, service-level complaints and serious incidents.

• The proposed legislation will align the CBSA with other law enforcement organizations within Canada and abroad and will ensure that the Agency benefits from an independent review body to deepen the trust of Canadians in what we do.

• The CBSA is committed to nurturing a culture that is founded on the values and ethics of the Public Service of Canada and the CBSA, and in which all employees conduct themselves in a way that upholds the integrity of CBSA programs and demonstrates professionalism in their day to day activities.

• We are committed to ensuring that our border services are worthy of the trust of Canadians.

Misconduct is defined as an action or inaction that is not in keeping with the Code of Conduct, the Values and Ethics Code for the Public Sector and the Policy on Conflict of Interest and Post Employment.
While all wrongdoing is misconduct, it is defined separately in the Public Servants Disclosure Protection Act as:
a) a contravention of any Act of Parliament or of the legislature of a province, or of any regulations made under any such Act, other than a contravention of section 19 of this Act;
b) a misuse of public funds or a public asset;
c) a gross mismanagement in the public sector;
d) an act or omission that creates a substantial and specific danger to the life, health or safety of persons, or to the environment, other than a danger that is inherent in the performance of the duties or functions of a public servant;
e) a serious breach of a code of conduct established under section 5 or 6; and
f) knowingly directing or counselling a person to commit a wrongdoing set out in any of paragraphs (a) to (e).

The CBSA is committed to nurturing a culture that is founded on the values and ethics of the Public Service of Canada and the CBSA Code of Conduct, and in which all employees conduct themselves in a way that upholds the integrity of CBSA programs and demonstrates professionalism in their day-to-day activities. The Agency remains committed to take all necessary actions to address officer misconduct as early as possible. Isolated matters by an individual CBSA employee /officer do not reflect the integrity and professionalism of thousands of CBSA employees who carry out their duties in an exemplary manner.

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