Momerandum between CBSA and CSC bbtained under the Access to Information Act

7/23/2019 Momerandum between CBSA and CSC bbtained under the Access to Information Act

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I?~v, :COrr ~IIII~D .I?' eCf' ,. .MEMORANDUM OF UNDE rv~~~ I ::rv. 4 r-,p

cOr '.4 ICe D ,vree t D,v , Of 'S'OA.I 101) S, C~ 'v.TITLE : I)e, ON "/)o1ct. ctlJ 4/Pl? aI ca pMemorandum of Understanding between the Canada Border Services Agency/)o 1ctaand the Correctional Service of Canada respecting the Detentibn of PersonsDetained Under the Immigration and Refugee Protection Act.SHORT TITLEThis Memorandum of Understanding may be referred to as:The CBsA-CSC Detention MOU

BETWEENI?~v 1The Canada Border Servi~~)~f1e~, (hereinafter called lithe (J;BSA")I? eCtjo 1 3VIS~ I)al )- .AND Ser 'P " 4 ....vic 40 uer. IIpe C '~'- VIce Dorr 4 D Of. 'VIThe Correctional Service of Canada e r e j n : : t H e l G ' . a leQ:'; W).!''Ie, 'U act'ctlJ 4/PI? a !Ca P !I)actWHEREAS the Immigration and Refugee Protection Act, ~.C. 2001, c. 27,(hereinafter called "IRPA") allows for or requires the detention ~f persons foradministrative purposes, pursuant to the statutory provisions seh out in ScheduleA, attached hereto;

WHEREAS CSC has the management of the building complex and land knownas Millhaven Institution, situated on Highway 33, in the city of B~th, in theprovince of Ontario, later referred to as "Millhaven Institution"; !IWHEREAS the CBSA would like to occupy part of the Millhave~ Institution for thepurpose of detaining some persons pursuant to the IRPA; !WHEREAS the CBSA recognizes that it does not have the capacity to detainthose persons at the present time; ii~ S CSC is recognized as the main provider of federal detention services? ecpf ~nt . e and could assist the CBSA in accompustunq the mandate

~~ t(},fte ~ entip,of the persons pursuant to the IRPA; iICe I? E!rv' PCo '- ICe D ,v I . . . . . . .rreCt' O 'v Of 'S'O '

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I\>t:vCOrr It:VVt:DI\>~v eCtio &yTHEREFORE THE PARTIES AGREE TO THE F@~()" .1 S 4 ' 1 " 1ICe 1 \ > , ervi p

Co ,t4 Ce DIDEFINITIONS rrecliOI) DlvlS,Of CVISIO",, I)el 0", ill)aqI ClIJ 4,p a"Detainee" means a permanent resident or a foreign national wJ;lomay be, or I) I\>prequired to be, or has been detained by Canada under the IRPA, pursuant to the ilrlastatutory provisions set out in Schedule A attached hereto.I"Manager" means the CBSA official who carries out the responsibilities describedin clause 25 of this MOU, and any person carrying out those responsibuities forthat official.

"Policies and procedures" means the specific operational plans, policies,procedures, directives, post and standing orders and like mate~als established oramended from time to time by the CBSA for the governance of an immigrationholding center. Such specific instruments take precedence over other or pre-existing CSC practices insofar as they relate to the operation of the immigrationholding center. I\>t:VIt:s-; VVt:DI \ > ~ =;S VIS~ I)al & yGENERAL PRINCIPLES er'vice P41 \> Servi 4 'l"lpCo .4 ce DIll'rrec' 0111' Of IS,1. For all aspects of the management of/~n,jQ')~aijio ~CBSA is the ultimate authority and the legislaffon ~ p~;,al) I2. Unless otherwise defined in this MOU, words defined 1 ~vreCt;o S..,rs I)a/ rr ig~t n~ e,nlio is civil and administrative in nature;

C l. ICe Dorrec _ D Of I vIS I 8. Detainees are i I! . g r .n nal sentence, nor are they ti>elngheld on ai ~arl 'warrant of cornmittaeand c ~uently, shall not be treated as such;cal)


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,~ iI2vll2 i=: W120 :~12 eCf' ~remainder of the Millhaven Institution and that~pe~~~e@ p~bndAsprovided with a unique and distinct access gate ~vr{aeth{t1Qt . . ' M e J ! ; r ' 0dedicated to the KIHC, access to the KIHC will not autortY


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i?~vC I~WhOrre 1:0'TSVI ~tiOll ,Sy24. CSC will provide detention officers 24 hours a~Yi ~l:ticwsq~lwppk, tnJQeCe .... 1"l."i-,,'~rrJ:l:KIHC. Those officers will report for employment purposes, 0tbfl Cfetention Olvsupervisors of the KIHC .. They will be responsible to apply ~d~J '( , Ill! ,ci~q:.s/Otvand procedures as per this MOU; I C1l,f tv .IIlp qC1q

I Cq i?pIIq25. The CBSA will provide and be responsible for the supervision of a manager C1q(hereinafter called the "Manager") of the KIHC available 24 hours a day, 7days a week and present on-site on a schedule determined by the CBSA.The CSC will provide dedicated office space for the Manag~r's use. TheManager's main responsibil ities will be to ensure that policies and proceduresare issued by the CBSA including any further modifications; Ito monitor andverify that conditions of this MOU are respected; to ensure that the policiesIand procedures are complied with by CSC; to respond to detainees' requestspertaining to any CBSA and immigration matters; to carry out any activity forwhich the Manager has responsibility over this MOU; and, to fulfill such otherduties as the CBSA shall determine. The Manager will be responsible for allarrangements for video onferencing and will have final authbrity over alltelecommunications in~~inllJ etainees;

h orre ~o"S Ct26. All CSC employees aSS;(~~d i 'tPle F i c "'fi I be appropriatdly designatedand authorized to act und~th~ 1 k P - 1 A ~ ~ " e i rfeac officer status under theCCRA will cease to apply in theO~H~oan{f~j Mr~tiogi by the peaceofficer status provided in the IRPA; II11el 10""". qllqC1itC1l,f "IPi?cit p27.AII CSC employees assigned to the KIHC will receiv~a'ppropriate training bythe CBSA on the IRPA, policies and procedures specific to the performanceof their duties in the KIHC, including the appropriate knowle~ge ofimmigration processes, to better understand the detainees they have under

their responsibility; I28. Decisions to be made in relation to Part II of the Canada La~our Code will bemade by the Director in consultation with the Manager. In t~e absence of theManager, the Director can take all necessary steps to resolve the matter andadvise the Manager of the situation, forthwith;29.AII costs associated with the CSC employees assigned to the KIHC will bepaid by the CBSA in accordance with Schedule C. : .EMERGENCY AND AD HOC SERVICES I~ ~ iBrl's . erstood by the CBSA that the services described above are based on

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'?~'"Corr:~IIIt~D'?~'" ~tio l' J y.31. ln case of a f ire, flood or other disaster that W


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I?~V/~COrr 11t~0. I?~v. eCti,;, &37.After hours health services are to be arrangedSiYil(,;'Bs'Pl)aslriuir~.,.to bepaid or reimbursed on a contractual or a fee for seNic~g-YSifl.tRfr1Ughlthelfinplan; rettfo O/V/ Of IS/O",, nl)el S/o", cql)qq

38.The Director shall ensure that all KIHC staff will be certified In First Ai l.Iandq:'Pl?paCPR. Provision of First Aid and CPR response will be the s~me as the actaresponse expected from CSC staff in an institution setting. Verification of thefirst aid kit inventory and replenishment of any consumed supplies will be theresponsibility of CSC. The KIHC will include a room suitabl~ for medicalexamination and minor treatment and will contain, at minimum, the suppliesand equipment described in Schedule D; ,39.CSC will be responsible at all times to ensure the proper fu~ction of thisequipment and inventory of the medical supplies. CSC ~ill be responsible forinvoicing IFH for the replacement of consumable medical supplies as perschedule D. Costs of prescription medication will be reimbursed as per theIFH medication list; i

I?~v/ I40. The operational respo~Qo. I:Qjngemergency and non-emergency medicalservices shall be set g U f " i D fJ~lt,tC ~0licies and procedures.er... p "1 . , . IriCe 41? "er". IpC t. A ICe 0,orre ... 0 Of VISGENERAL TERMS AND CONDITION ionne~VIS,O", Cqn:~'"

ctl.l "1IPI? a I41. The present agreement will start at the time of its < g R @ ~ r e and will remain ineffect until March 31, 2007;42. The agreement will automatically be renewed for periods ofione year eachyear on April 1sl of each year unless otherwise notified by a~y party followingthe clauses of this MOU; !

I43. Either party may terminate this MOU by providing notice a ~inimum of six (6)calendar months in advance of the next renewal date and tHeMOU will thenterminate on the next renewal date. Upon termination, the buildings, fixedassets and any improvement to the buildings will remain the!property of CSC.All other assets would remain the property of the CBSA. Otler. measuresrelated to the termination of the MOU including the removal rom the KIHC ofthe detainees will be ~utually agreed and may be codified i i a sub-agreement or subordinate MOU; II?~4'4. , . ~aoties recognize that the detainee population is a transient one:

I?~v Ctio & ' L .Seril/~ IH~we ~;PJe&Jtimewhen there are no detainees remal,ning in the KIHCand, IP.r~ t~flt t~t ~ pi!fsMs covered by the statutory proYisions ofSchedule cj (cgreJ "'fiJ~i~


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~~VICOI'I' ~1IIt~D~'v ; 8ythat event the CBSA will be responsible to P~JRJ.'Gst~1:fescSiDed.irrSchedule C incurred for a period not exceeding (ofir r T \ 9 J 1 t R J ~Re'(t lh!e fast 0,detainee leaves the KIHC; I'l'eb tio DIvIS Of CVISIONnnel ION it nit! Ci 4 Ci it(b) If there comes a time when there are no detainees rem~ining in thellKltUtP~pand, if, at that time, there are persons covered by the statutory provisions of itCiitSchedule A at large in Canada on conditional release but n


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~~I/I 'Co,. ~11 r~0"e I~I//S ~tiOf)a I al'52. The CBSA will, when the circumstances wart~t.iptbvkil~~d~~i.tl'1ll~erinformation, including information on any known se~iOg6t9:1~Eliar~csndi!iorP,/I//Sthat may be necessary for proper operational security; er'iOf)f) II/lSI; caf) lolvI ~ .y '10au 41p~ il53.AII personal information on the detainees collected by the 5~~8,,68" O/l//S/O \E-mail: f-01i1!;CI~cQmCQ~.caOr any other perso sr ~~~saprovided periodically in writiryg;

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~lZVllZCOrr ~lZO :~l2vl e~tiOIl '&ySe SlZ '11 ' I ' "And all notices intended for the CBSA as per t n (S 'MOLfdm~~~~fee tO bVice President, Enforcement COrreCti'" OIVI 0 , IVIS/o ",CBSA I Ollllal S/o", c1Il'1(jNational Headquarters ' (jlJ C : ' P ~ p < lSir Richard Scott Building, 19th Floor T)


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I?~V/~ \CO~~ W~O 'I?~V eCtio \ SyThese following Schedules are au~~@CQt i al!t{:l~!~fl),a part

of the CBSA-CSC DetentloA~d>U ~ce Of OIVISIttiOIl IVIS/o Cal olyI lIel Iy 4 adadl{ IPI?Ca PSCHEDULE A lIada

The purpose of this Schedule is to identify the statutory provisions underthe IRPA which allow for or require the detention of persons foradministrative purposes. :These are sections 77,82,83 and 84 of the IRPA.

SCHEDULE B"An area, approximately 17 m x 78 m located to the north and east ofIBuilding U and as defined by a security fence and existing buildings. Thefacility will contain 0 ~~modation building for a maximum of 6detainees and a p ~. ~uil ing, referred to as areas 1043 and 1044.v 10 y ,on the attached pltlp. IS~ lIa, i~v;c P4 b Se~v' 4 "'Ipe ., l. . ICe 0

cO~~eCt;: D'VIS Of ~VIS/OIyIIl1el 101y allact

ctl{ 4/PI? aCa PlIactaSCHEDULE CFunding

1. The CBSA will cover initial set-up costs and as CSC will b e incurringexpenditures for and on behalf of the CBSA an OGD suspense account isset up to identify on-going operating costs. Both set-up and ongoingoperating costs are identified in Table 1 and 2 of the esc documententitled "Costing for Custody Services to the .cBSA" date~ March 8, 2006.

II2. Amendments to Table 1 and 2 will require the approval o~the Vice-President, Enforcement Branch of the CBSA and the ASSistantCommissioner, Corporate Services of CSC. !3. The CBSA will initiate the interdepartmental settleme~t requisitions totransfer funds to CSC or to recuperate unused funds fr01 CSC:

I?~v CSC Department No.: 053 ~.COr~ I e ~ S Reference Code for fiscal year 2005-06: Project 10112SI?S"VI; ~Jp @~anization Code for fiscal year 2005-06: 40401 00e~v P

4Se 4 "'Ip

ICe I? ~vi 'bCS@~J{?/Mfe~ cect;oBM@ :~scal year 2006-07: Project 1. 112CSC IS b 9agiza lrm:INCOtl~~ fiscal year 2006-07: 40401900dl{ 4/PbCa "PI)aua 000011

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" ~ - eCtio , I4. The Vice-President, Enforcement Branch,~~ - b~fMls ~OU~ S1elegatesfinancial signing authority for expenditures a'g~in~tlt l\ i~J8v.aQc{f to d~efollowing positions at CSC: rre~tio DIvIS Of CVIS/O",Director KIHC ' I1l1el 10", itl1itc/D' 'G I T hni IS' C/ll 41p~ alrector enera, ec nrca ervrces Cit 11 pDirector General, Facilities Branch itctitDirector General, Information TechnologyComptrollerAssistant Commissioner, Correctional Operations iand Programs

Start-up Costs, Construction, Asset Acquisition, Human R~sources andServices Expenditures

Operating Costs

5. I t is understood that all CBSA agreed-upon expenditures incurred by CSCand related to the construction, asset acquisit ions, human resources andservices expended in the development of the KIHC are charged to theCBSA appropriations.'?",vc... I ,6. The start-up cos~~~~ . e~ed in Table 1 of the "Costing for CustodyServices to the C~ff{S/'Ollitl Syer"ic P4b Ser 4 - r , pe ., l. "!oCOl' 4 e DIll'reCf' D,ll' Of ISIO101111 ISIO Cith Ive , ' " "it ,7, All agreed-upon costs related to the operation6>fl~ IHe are charged tothe CBSA appropriation, The general costs anCf~xptndihJres for the on-going operation of the KIHC are specif ied in Table 2 of the "Costing forCustody Services to the CBSA",

I8, All costs mentioned in Table 2 of the "Costing for Custodt Services to theCBSAn are subject to bi-annual review and agreement b,tween CSC andthe CBSA no later than October 1sl and February 151 of each year startingon April 151 2006. The results of these agreements will b~ provided to theCBSA by October 15 and February 15 of each year in order to proceedwith appropriate modifications to the funds transferred bylthe CBSA.

9. CSC will provide the CBSA with financial quarterly reports on actualexpenditures with the appropriate FRAs and objects used in relation to theOGD advance starting March 28, 2006, in order to ensure that a completeand accurate accounting is made in the Government of Oanada's books. A'?",v f inal year-end reconciliation must be completed by CSC i~ time to meetcO"r '~Hal Year-End P12-1 deadlines. IIi!~v eCtio S.,_ ~S IS l1itl re " " , . Fi~ cia~tijcJitfi.; tm.entsn respect of funds to be transferred to CSC orretItl-r.ed:to ~~AJpay/aJ 0be made at any time until the Iclosing of thefiscal y 6 ' ( f ; W~r r~Ofq 'pC/ 'r costs o r expenditures enga~ed under theMOU, C/ll C J/J,IP'?pit

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I?~vC /~""O~~ ~DI?I2 eCtS vIS12 10"it/i. Sye~v PIS ..qr11.Any additional costs, fees or services that arisE!'tfllroi~foI?t~)relij"~:~/rfIeDdiscussed by the Manager, KIHC, CBSA and the Direa~t~ll-rov$i3(l tQ/V/SIO~decide the appropriate method of dealing with each situation".2.


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~~V/~CO"" l1r~0~ i2 eCI'S VISi2 IOllitl ~ Ye""iCe P4~ Se,." . .. q "'IpCo,. !( 4 ICe O,vList of medical equipment and supplies "eol' ioll OIVls/Of C IS/OIVIlel 0 IV itllitc/

Examination table, integrated diagnostic centre, medical stool, ~heelchai~,11Cit~p~pastretcher, (2) class A first aid kits, (2) resuscitation masks, patieht foot stool, (5) actasundry jars, ear thermometer, stethoscope, disposable pen light sharpscollector, percussion hammer, eye chart, paper towel dlspenseri (2) scissors,soap dispenser, beam scale, stainless steel cart, ECG machine! freeze kit, metalear syringe, ear basin, disposable resuscitator, drapes, table p~per, latex gloves,lubricating jelly, disposable ear spec, medical absorbent puffs, cotton tipapplicators, tongue depressor, electropast 7.5mm X 2.2mm, EI~stroplastknuckle/anchors, plastic dressing strip sterile, micropore tape, gauze sponges2X2, gauze sponges 4X4, sterile gauze sponges 2X2, sterile ga'uzesponges 4X4, conforming stretch bandage, polysporin, hand sahitizer, sani-ctoth,paper towels, toilet t issue, facial t issue, quick strep A test, garbage bags,garbage can liners, specimen cups, antimicrobial soap, patient tharts, alphalabels, chemstrip 4MD, an 6h~ strip 10.0 , . , . ~o~ i2 eCI'S vlsi2 10llal ~ye""ice P4~ Se,.".4"'IPCo (" ICe 0,""e .... 0 Of VISClio I "'IS C lolVIlllel lolV itllitct' ctll ..qIP~ aCit pllaC/it

SCHEDULE D

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I?~VCOrr l~ltI/~DI?,V eCtio 13...SiS, /Jitl rSCHEDULE D er"ice P4~ Ser".4 "'IpcOr ! (4 ICe DlvList of medical equipment and supplies reo,tio/J DlvlS/of C IS/ONI /Jel oN it/Jitc/

Examination table, integrated diagnostic centre, medical stool, '; "heelchai~, lJ Cit~P~pitstretcher, (2) class A first aid kits, (2) resuscitation masks, patieht foot stool, (5)

Momerandum between CBSA and CSC bbtained under the Access to Information Act

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