View cases - Stewart McKelvey

7III.RESPONDENT’S OPERATIONS[33] The mandate of the CBSA includes the screening and processing of travelers and goodsentering into Canada at each of its airports and land borders on a 24 hours a day, 7 days a weekbasis.[34] The busiest of these airports is PIA. The Passenger Operations District, a component ofthe CBSA’s operations in the Greater Toronto Area (GTA) region, oversees these functions at PIA.[35] Until 1994, customs functions were the responsibility of Customs and Excise within theDepartment of National Revenue. In or around 1994/1995, the federal government decided tocombine customs and excise into a single department, called the Department of NationalRevenue. In November 1999, these functions of the former department were transferred to anewly created agency called the Canada Customs and Revenue Agency (CCRA).2010 CHRT 20 (CanLII)[36] On December 12, 2003, by federal Order-In-Council, the CCRA’s customs responsibilitieswere transferred to a new Crown agency called the Canada Border Services Agency. This agencyalso assumed the ports of entry component (Immigration Inland Enforcement) previouslyperformed by the Department of Citizenship and Immigration. Additionally, the CBSA also tookresponsibility for the regulation of the entry of food, plants and animals, inspections previouslyperformed by the Canadian Food Inspection Agency.[37] This date of December 12, 2003, when CBSA was created (and took over theresponsibilities relevant to this complaint) became significant as the evidence unfolded in termsof its relation to the exhibited comprehensive “Employment Equity Compliance Review ofCCRA” delivered by the CHRC on December 10, 2003. This is dealt with in more detail below.[38] Until the creation of the CCRA in 1999, the Complainant’s employer was the TreasuryBoard Secretariat (TBS). Under its constituent legislation, the CCRA, and now the CRA, is aseparate employer. Upon the transfer of customs functions from the CCRA to CBSA onDecember 12, 2003, TBS once again became the Complainant’s employer.