Policy on the Wearing of Protective and Defensive Equipment

Policy Statement

1. It is the policy of the Canada Border Services Agency (CBSA) that border services officers and other officers of the Agency engaged in the enforcement of program legislation administered or enforced by the CBSA wear protective and defensive equipment when dealing with members of the public or when likely to encounter members of the public.

Definitions

2. Defensive equipment -- CBSA-issued tools and devices including OC spray, batons, handcuffs and duty firearms.

3. Duty belt -- a CBSA-issued belt system used to carry the defensive equipment but that can also be used to carry other approved equipment. Belts may be either of a uniform or plainclothes design.

4. Protective equipment -- protective vests and telecommunication devices.

5. Uniform -- the uniform and other CBSA-issued clothing worn by border services officers, superintendents and chiefs in the performance of their duties. It also refers to the clothing that may be issued to CBSA officers engaged in other enforcement duties that clearly identifies them as members of the CBSA.

Authorities

Criminal Code

6. Section 34 -- allows for the use of force to defend against an unprovoked assault.

7. Subsection 34(2) -- justifies the use of deadly force to repel an assault provided the person assaulted has a reasonable apprehension of his or her death or grievous bodily harm and the person believes he or she cannot otherwise preserve himself or herself from death or grievous bodily harm.

8. Section 117.07 -- provides that a public officer1 is not guilty of an offence of the Criminal Code or the Firearms Act if he or she possesses a firearm, a prohibited weapon, a restricted weapon, a prohibited device, any prohibited ammunition or an explosive substance in the course of, or for the purpose of, the public officer's duties or employment. This section permits CBSA officers to possess and carry a firearm that is issued to them by the Agency and to take possession of weapons they find in the course of carrying out of their duties.

Purpose and Scope

9. The purpose of this policy is to set out the expectations of the CBSA with respect to the wearing of protective and defensive equipment by its employees.

10. This policy applies to all border services officers, inland enforcement officers, investigators, intelligence officers and members of management who are issued such equipment.

11. The policy applies equally to officers working with other law enforcement agencies on joint forces operations or other partnership initiatives.

12. Nothing in this policy shall be construed as permitting or mandating the wearing of defensive equipment outside of the territorial limits of Canada.

Policies to be Rescinded/Replaced

13. This policy replaces all previous policies issued by the CBSA or its legacy organizations with respect to the wearing of protective and defensive equipment by officers.

Background

14. As the roles and responsibilities of CBSA officers have evolved over the years, officers have been progressively provided with tools that enabled them to carry out their duties while protecting their own safety. By the end of the 1990s, most officers had been provided with, or had access to, protective vests for personal protection and soon after, they were equipped with batons and OC spray to aid in their defence when engaged with dangerous persons or in dangerous activities.

15. In 2006, the Government of Canada decided to provide CBSA officers with duty firearms to better aid in their protection and the carrying out of their duties at both the border and inland.

Policy Statements

Wearing of Protective and Defensive Equipment

16. Except where noted below, officers who have been issued protective and defensive equipment are expected to wear their equipment at all times in accordance with CBSA policy including the CBSA Uniform Policy and Standards of Appearance and the CBSA Code of Conduct. Equipment will be worn on the CBSA duty belt as per the instructions provided in Appendix A of this policy. Defensive equipment may not, under any circumstance, be worn without protective equipment

17. Officers shall wear any protective and defensive equipment they have been issued when they are on duty and working at a port of entry or working at any other place while engaged in the administration or enforcement of CBSA program legislation2. On duty means the hours of scheduled work and overtime.

18. Officers are not permitted to wear their defensive equipment when

(a) Performing activities in conjunction with or on behalf of another federal, provincial or municipal law enforcement agency that are outside of the scope of authorities and duties of an officer of the CBSA and do not involve the administration or enforcement of CBSA program legislation or an expectation to administer or enforce CBSA program legislation; or

(b) Performing any duty or assignment outside of a port of entry or CBSA office that does not unequivocally involve the administration or enforcement of CBSA program legislation or an expectation to administer or enforce CBSA program legislation – for example, giving a lecture or a demonstration at a trade show or school. 

19. However, officers may be permitted to wear defensive equipment when assigned to duties directly related to the recruitment of border services or other duty firearm equipped officer positions and it is necessary to clearly demonstrate the wearing of defensive equipment as an essential part of the uniform and expectations involved with the job. 

20. Officers may be excused by management from wearing defensive equipment when performing duties for which there is no bona fide occupational requirement to successfully complete control and defensive tactics (CDT) and/or duty firearms training. Officers who do not successfully complete CDT and/or duty firearms training may also be assigned to perform those duties [refer to the Duty to Accommodate Strategy for Arming and Control and Defensive Tactics (CDT)].

21. Officers are permitted to wear both their protective and defensive equipment, including any duty firearm that is issued, when they are travelling on duty from a CBSA office to another CBSA office or other place for the purpose of administering or enforcing CBSA program legislation or in relation to their duties or assignments as an officer of the CBSA. Travelling is intended to mean by CBSA- or other government-owned, leased or rented vehicle or other conveyance and will include the use of privately owned vehicles covered under the Treasury Board of Canada Secretariat's Travel Policy. It will also include those situations where public or similar transportation is used and it is the only means of transport to the destination or where CBSA officers are engaged in the clearance of travellers or goods on the conveyance (e.g. ferries or trains), but it will not include those situations where officers escort persons on aircraft.

22. When leaving a port of entry or other CBSA office for meal or rest breaks officers may be permitted to wear their defensive equipment. However, officers shall not be permitted to wear defensive equipment when attending to personal business during these periods (e.g., banking, shopping, etc.) or when they are attending to personal business for which there are leave provisions or for which leave may be granted – e.g., medical or dental appointments. 

23. Officers who remain at the port of entry or CBSA office during meal or rest breaks have the option of removing their protective and defensive equipment provided it is properly stored, unless instructed by their supervisor or manager to leave it on.

24. Officers shall not wear duty firearms when working in the air or postal modes except when they are required to clear small/private/corporate aircraft arrivals airside or at remote locations.

25. Officers shall not wear defensive equipment (with the exception of handcuffs or other restraining devices) when escorting persons on aircraft.

26. Officers working in postal centres are not required to wear protective and defensive equipment.

27. When performing administrative duties (e.g. completing reports, preparing information for search warrants, etc.) in an office environment where contact with the public is limited, where public access is restricted or where the environment is mixed with officers and officials from other departments and agencies that are not armed, officers shall remove their defensive equipment and properly store it. The foregoing shall apply unless there is a requirement to retain possession of the equipment because there is a need to interact physically with members of the public and there is a reasonable expectation while doing so to administer or enforce CBSA program legislation; to defend themselves, fellow officers or members of the public; or to take or maintain physical control of a non-compliant person.

28. Officers shall not wear defensive equipment when interacting with low risk clients in a CBSA Inland Office.  However, supervisors and managers are expected to take reasonable measures to ensure the safety of officers engaged with clients and may permit or require that another officer wear his/her defensive equipment including a duty firearm as a defensive response to any situation that should develop. 

29. Officers shall not wear defensive equipment when assigned to work at Alternate Inspection Service (AIS) Enrolment Centres that are located in the United States.

30. Defensive equipment shall not be worn in a facility where the wearing of defensive equipment or specifically firearms is not permitted by law or by the policy of the office responsible for that facility, (e.g., a regional detention facility or a courthouse that restricts entry of law enforcement officers with firearms). 

31. Officers attending training shall not wear their duty firearm during such training unless the wearing of the duty firearm has been specifically authorized.

32. Officers shall not wear defensive equipment when participating in any internal mediation process (refer to the ICMS Policy and Program Framework.

33. Officers shall comply with any demand by management to remove equipment where the wearing of such equipment is deemed inappropriate to the situation; for example, when being interviewed by an officer of Internal Affairs, receiving discipline or attending a disciplinary hearing. However, management shall not make a demand of the officer to remove equipment in situations where the officers maintains an expectation to respond to a situation involving arrest or control of a non-compliant person.

 

Roles and Responsibilities

CBSA Officers

34. CBSA officers are responsible for complying with this policy.

Immediate Supervisors

35. Immediate supervisors are responsible for the following:

• Ensuring that officers comply with this policy;
• Determining the course of action for those situations not otherwise provided for where defensive equipment may be worn; and
• Taking appropriate corrective action on any breaches of this policy and in accordance with the Policy on Use-of-Force Incident Reporting and Investigation.

District/Regional Directors

36. District/regional directors are responsible for ensuring that officers are provided with protective and defensive equipment.

References

Criminal Code

Appendix A

Priority List of Equipment for the CBSA Duty Belt

It is imperative that the CBSA duty belt be a safe and manageable place for the officer to organize and carry their defensive equipment. While the tactical placement of defensive equipment shall be determined in control and defensive tactics (CDT) training, the number and type of equipment to be worn on the duty belt is established in the equipment priority lists.

Required equipment -- equipment that must be carried on the belt if issued by the CBSA

Optional equipment -- equipment that can be carried on the belt provided it does not interfere with access to required equipment. If space is an issue, optional equipment must be carried in a pocket. While optional equipment is not necessarily supplied by the CBSA, it is allowed by this policy.

Other approved equipment -- equipment that may be required to perform special tasks, e.g. transportation cuffs, date stamps or large flashlights. The wearing of this equipment must be approved by CBSA management and must not interfere with access to required equipment.

Equipment Approval

CBSA management, in consultation with the certified CBSA CDT trainer, will make the final approval regarding the addition or placement of equipment listed as either "optional" or "other approved."

Priority Lists

Required equipment:

• One duty firearm, fully loaded, in holster (if issued)
• Two full ammunition magazines in case(s) (if issued)
• One extendable baton in case
• One OC spray in case
• One pair of handcuffs in case
• One handcuff key on clip or in case
• One communications device (cell phone or radio) in case or on clip (if issued by the CBSA)

Optional equipment (provided adequate space is available):

• One compact flashlight
• One folding knife or multi-purpose tool
• Keys to CBSA areas, vehicles or equipment
• Compact mouth-to-mouth resuscitation kit, including mouthguard and latex gloves

Other approved equipment:

• Any equipment required to perform a CBSA function or task that has been approved by CBSA management and does not interfere with access to required equipment.