Canada Border Services Agency - Parliamentary Briefer

Does more stuff actually happen in committee?

Rumor has it that much of the real work of government happens in committee: far away from the sound and fury of Parliament itself. Committee, they say, is where collegial collaboration, serious focus, and attention to fine details are possible.

This edition of Parliamentary Briefer will try to test that claim. The discussions, stretching over four separate meetings held between June and August 2024, took place in the Public Accounts Committee (PACP) and focused on possible ethics and process violations within the Canada Border Services Agency (CBSA).

The charges aren’t exactly earth shaking. In fact, the infamous ArriveCan scandal is barely discussed. But as you’ll see, what really interested me was seeing whether committee members from opposing parties rose above partisan considerations to work together. You can judge the results for yourself.

As is the plan for these Parliamentary Briefers, the summaries and analysis are courtesy of my generative AI research assistants. I’m just here to guide the conversation.

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The discussions in the Public Accounts Committee (PACP) touched on several key issues surrounding the Canada Border Services Agency (CBSA), primarily focusing on ethics, operational integrity, and accountability in relation to employee conduct and contracting practices. Here are the major points of discussion and findings:

1. Ethics Concerns:

   • Employee Conduct: Committee member Nathalie Sinclair-Desgagné questioned the ethics surrounding a CBSA employee’s interactions with vendors, including instances of attending sponsored events such as whisky tastings. Concerns were raised about the lack of internal investigations or repercussions for this behavior. The committee expressed frustration that not only was the employee not penalized, but was even promoted, signaling potential leniency or oversight issues within CBSA’s operational culture.

   • ArriveCAN Email Deletion: Sinclair-Desgagné pointed out another significant issue involving the deletion of thousands of emails related to the ArriveCAN app. This raised concerns over data integrity and whether the deletions were merely unethical or possibly illegal. The Ethics Commissioner’s role in monitoring such matters was emphasized, though the specifics of legal implications were unclear.

2. Vendor Contracting and Potential Conflicts of Interest:

   • Forged Signatures: Allegations arose about forged signatures in the case of contracts with Botler AI, a company set to receive a contract from CBSA. This issue of forged documentation heightened concerns about contract management practices and the integrity of internal processes. The discussion highlighted systemic weaknesses that could compromise transparency and accountability.

3. Contentious and Surprising Findings:

   • Promotion Despite Misconduct: The promotion of a CBSA employee despite admitted unethical interactions with vendors stood out as a particularly contentious point, with committee members questioning the message this sends regarding accountability.

   • Data Deletion and Transparency: The mass deletion of emails in the ArriveCAN project was flagged as both surprising and highly contentious, hinting at potential attempts to hide compromising information. This issue points to broader systemic issues in transparency practices at CBSA.

Overall, these discussions underscore significant concerns within CBSA related to ethical standards, data integrity, and contracting practices. The committee's dissatisfaction was clear, particularly with perceived lapses in accountability and transparency. ​​

The Audit: What conclusions and/or key next steps were agreed on?

In response to the issues discussed, the Public Accounts Committee (PACP) identified several key conclusions and proposed actions to address the operational and ethical concerns within the Canada Border Services Agency (CBSA). Here are the main takeaways and next steps:

1. Strengthening Ethical Oversight and Accountability:

   • Review of Internal Policies: The committee recommended that CBSA conduct an internal review of its policies on employee conduct, especially around interactions with vendors and conflict of interest. This includes clear policies on accepting invitations or gifts from vendors, with stricter consequences for violations to enforce accountability.

   • Enhanced Monitoring: CBSA was advised to establish or reinforce mechanisms to regularly monitor and audit employee interactions with vendors to prevent similar incidents in the future.

2. Transparency in Data Management:

   • Investigation into Email Deletion: Given the deletion of thousands of emails related to ArriveCAN, the committee suggested a thorough investigation into the circumstances and intent behind this action. This step aims to determine whether any legal or regulatory boundaries were crossed and to reinforce data retention policies.

   • Implementing Data Retention Policies: As a preventive measure, CBSA was urged to revisit and update its data retention and transparency protocols, ensuring that critical records are preserved to maintain accountability, especially for high-profile projects like ArriveCAN.

3. Contracting and Vendor Management Improvements:

   • Independent Audit of Contracting Practices: To address concerns regarding forged documentation and conflicts of interest in contracting, the committee recommended an independent audit of CBSA’s vendor management and contracting procedures. This audit would help identify and rectify any procedural weaknesses.

   • Transparency in Vendor Selection: The committee also called for CBSA to improve the transparency of its vendor selection and contracting process, making records and justifications for vendor choices available for internal review.

4. Regular Reporting to the Committee:

   • Progress Updates: The committee requested regular updates from CBSA on the progress of these corrective actions. This measure ensures that PACP can follow up on the recommended actions and maintain oversight until meaningful improvements are achieved.

These steps highlight the committee’s determination to address operational transparency and ethical standards at CBSA, with the aim of restoring public confidence and ensuring higher standards of accountability within the agency.

The Audit: Where there any disagreements - especially those that might have fallen along party lines?

Yes, the discussions in the Public Accounts Committee (PACP) on the issues within the Canada Border Services Agency (CBSA) revealed some partisan disagreements, particularly on the following points: