In this section
Terms of Reference
The Canada Border Services Agency (CBSA) is committed to engaging with Canadian commercial stakeholders on its strategies, policies, operational programs and administrative procedures that govern and affect Canada's commercial trade.
The purpose of this engagement is to promote and strengthen collaboration on border matters between the CBSA and the Canadian commercial trade community, for the benefit of Canada, the Canadian economy and Canada's trade sector.
The Committee will strive to achieve a balanced membership, seeking equal representation from industry partners and regions, and applying equity principles by embracing diversity and inclusion.
The objective of the Trade and Recourse Committee (hereafter called the Committee) is to provide advice on the management and delivery of the CBSA’s trade compliance and recourse programs. The trade compliance program consists of the verification of tariff classification, origin, valuation, anti-dumping and trade incentives of commercial goods being imported to Canada, as well as the enforcement of the Special Import Measures Act.
In that context, the Committee supports consultation and collaboration between the CBSA and trade stakeholders on shared issues related to the promotion of compliance, as well as the development and implementation of focused, coordinated, inclusive and cooperative strategies and solutions geared at improving compliance while facilitating trade and minimizing costs to both the industry and the Agency.
2. Roles and Responsibilities
In carrying out the Committee’s mandate:
- co-chairs are expected to work towards the resolution of any issues that may arise;
- co-chairs are to meet at least once a year with the co-chairs of the two other Border Commercial Consultative committees and ensure that any issues that may interconnect with other committees are reported and that linkages are made; and
- alternate co-chairs will not be identified; should a co-chair be absent for an extended period of time or unable to continue with their mandate, a replacement (temporary or permanent) co-chair will be selected in the same manner as the original industry co-chair.
All members will collaborate by:
- analyzing and providing recommendations for advancing and resolving issues;
- raising topics for discussion;
- being active participants, engaging in committee discussions on all agenda items and providing regular updates to relevant program areas, associations and association members; and
- attending scheduled meetings, and if unavailable, sending an alternate with equivalent expertise, knowledge and willingness to actively participate.
3. Key Activities
At every spring meeting, the CBSA and industry will jointly establish the Committee’s priorities for the coming fiscal year.
Together, committee members will:
- identify key deliverables and accompanying performance indicators in support of the approved annual priorities;
- adapt annual priorities and deliverables based on emerging or pressing issues;
- identify working groups, their mandates, duration and membership; and
- oversee the implementation of the priorities set out in the working groups to ensure overall alignment and achievements of objectives to support result-based outcomes.
The Committee will prepare a report against its identified priorities and key deliverables, including the activities, accomplishments and recommendations of each working group, on an annual basis.
The annual report will be distributed to all committee members and within the CBSA up to the highest level, including the Commercial Advisory Council.
5. Working Groups
- The Committee may establish any number of working groups to advance key elements of its annual priorities, including any transformation initiatives, on an as-needed basis.
- Each working group must only address one single specific issue, and have clear and measurable objectives.
- A working group must be of limited duration and not exceed one year unless warranted by the nature and complexity of the work involved.
- External membership will be open to any organization, association or individual with relevant knowledge and expertise.
- Membership will not necessarily be drawn from committee members.
In addition to the Accountability and Administration responsibilities already outlined in the Terms of Reference, the following also applies:
- Committee and Working Groups:
- The Committee will share its record of meeting with the Commercial and Operations Committee, the Policy and Projects Committee and with the Commercial Advisory Council, as required.
- The working groups will provide quarterly progress reports and brief the Committee as required.
- Hold plenary sessions, as required.
- In relation to the commercial and trade programs:
- Make information accessible to everyone who has an interest in learning about upcoming changes to legislation, policies and systems.
- Expand outreach and engagement capacity.
- Improve information sharing, including how to make greater use of traditional and social media tools.
- Provide real time client support, assisting to resolve issues.
- Tools and templates will be provided to assist reporting.
Director General, Trade and Anti-Dumping Programs Directorate, Programs Branch
Private sector Co-Chair
Board of Directors, Automotive Parts Manufacturers' Association
Private sector members will designate the co-chair according to a nomination and voting process. Private sector members will have an opportunity to retain the current Co-Chair or select a new one at the conclusion of their two year term. There will be no alternate representation. Should a co-chair not be available to attend the committee meeting, another date and time will be selected so that both co-chairs are in attendance.
Membership will be reviewed annually to ensure it remains aligned with the Committee’s priorities.
Membership should not exceed 20 members.
- ABC Customs Brokers Ltd.
- ArcelorMittal Dofasco
- Association of International Customs and Border Agencies (AICBA)
- Automotive Parts Manufacturers' Association
- Blakes, Cassels & Graydon LLP
- Canadian Association of Importers and Exporters (IE Canada)
- Canadian Manufacturers and Exporters (CME)
- Canadian Society of Customs Brokers (CSCB)
- Canadian Vehicle Manufacturers Association (CVMA)
- Cole International Inc.
- DHL Global Forwarding (Canada) Inc.
- Enbridge Inc.
- IBM Corporate Headquarters (Canada, US and Caribbean)
- Petro Canada
- Retail Council of Canada
- TECK Resources Limited
- Walmart Canada
CBSA membership is open to all areas responsible for the promotion and improvement of commercial and trade policy program and project management. Membership will include representation from the Commercial Program; Trade and Anti-dumping; Commercial Transformation; Commercial Projects and the CBSA Assessment and Revenue Management (CARM); Recourse; and Operations, as required.
- The CBSA Co-Chair will invite national associations that have a direct stake and/or expertise in commercial and trade policy programs and projects to join the Committee;
- Other organizations, and/or private sector businesses with relevant expertise and experience may be invited if applicable;
- Invitees will recommend the individual(s) who will represent them on the Committee.
Others, such as representatives from other government departments or other customs administrations, may be invited as required.
- The Committee will meet two times per year (once in the spring and once in the fall), and as otherwise required, either virtually or in-person, at the call of the co-chairs;
- The Committee will only meet when both co-chairs are available and if there are at least 50 percent of the membership present, virtually or in person.
- The Co-Chairs will endeavour to confirm the exact meeting date at least four weeks prior to the meeting.
The Commercial Program Directorate will provide secretariat services for the Committee. The secretariat will:
- maintain the list of representatives;
- organize committee meetings;
- distribute agendas and materials in advance of scheduled meetings;
- prepare and distribute committee meeting debriefs;
- receive working groups’ meeting debriefs/recommendations to remain informed of activities;
- draft the Committee’s annual report; and
- communicate information, as appropriate.
Appendix A – Private Sector Co-Chair
- The Committee Private Sector Co-Chair will serve for a minimum of two years.
- The Committee Private Sector Co-Chair will be responsible for:
- Creating an atmosphere of trust and collaboration that is conducive to active member participation and consensus building;
- Working with the CBSA Co-Chair to plan operations and direct the committee’s business (e.g. meeting agendas, forward planning);
- Building consensus on committee priorities and action items; and
- Liaising with working group leads to ensure alignment with committee decisions and direction.
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