This record is a partial extract of the original cable. The full text of the original cable is not available.

231859Z Dec 04

UNCLAS SECTION 01 OF 02 OTTAWA 003459 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: EAIR ECON PREL CA FAC
SUBJECT: CANADIAN DIP NOTE EXPRESSES CONCERNS ABOUT 
CONGESTION AT TORONTO PRECLEARANCE 
 
 
¶1. Summary: The Canadian Department of Foreign Affairs (DFA) 
delivered a diplomatic note (no. NUE-0139) to Acting Econ M/C 
and Dept. of Homeland Security (DHS) Attache on December 22, 
expressing concern about congestion at the Toronto 
preclearance facility and requesting that DHS take steps to 
reduce the congestion.  Text of the note is provided below in 
paragraph 2 and talking points used by DFA Director Bruce 
Levy  are provided in paragraph 3.  Copies of attachments 
referred to in the note will be forwarded to WHA/CAN and DHS. 
 DHS Attache Considine gave Levy an update on recent measures 
that have been taken by DHS to address the problem of 
congestion (see paragraph 4).  Levy expressed appreciation 
for those measures and said the GOC would monitor conditions 
at Toronto in hopes of continued improvement.  Post requests 
that Dept provide text of a diplomatic note for response to 
DFA, as needed, and updates on any additional steps DHS may 
take to reduce congestion at the Toronto preclearance 
facility.  End Summary. 
 
¶2. TEXT OF GOC NOTE NO. NUE-0139 
 
Foreign Affairs Canada presents its compliments to the 
Embassy of the United States of America and has the honour to 
refer to the attached materials which collectively document a 
serious and growing problem with congestion at preclearance 
facilities at Toronto,s Lester B. Pearson International 
Airport (PIA), Canada,s most important gateway for 
cross-border air travel. 
 
The Department has the further honour to note that 
transborder passengers, including a large number of United 
States citizens and permanent residents, are experiencing 
substantial and growing delays when being processed through 
preclearance at Terminals 2 and 3 at PIA, especially at early 
morning peak-hour times.  Delays result in long line-ups in 
front of the preclearance areas as well as terminal 
congestion, flight cancellations, missed flights and missed 
connections. 
 
Canadian authorities are concerned that the Greater Toronto 
Airports Authority might have to ration access to 
preclearance during peak hours of cross-border traffic, or 
that United States preclearance officers might do so.  Such a 
development would be contrary to the spirit and intent of the 
2001 Agreement on Air Transport Preclearance and would hinder 
the ability of Canadian and United States airlines to take 
full advantage of the 1995 Agreement on Air Transport. 
 
Canadian authorities recognize that United States authorities 
are giving serious attention to this issue.  Canadian 
authorities also wish to express their appreciation for the 
efforts by United States preclearance officers to try to 
accommodate this congestion, including a pilot project to 
open preclearance a half hour earlier, that is at 4:30 a.m. 
at Terminal 3 on Mondays.  Canadian authorities also 
appreciate that preclearance at Terminal 3 will open at 4:30 
a.m. during the December 17-25 peak travel period.  The pilot 
should be extended indefinitely to cover the full week and to 
include Terminal 2.  It is clear, however, that this will not 
be sufficient.  Canadian authorities therefore also ask that 
the number of preclearance officers at Terminals 2 and 3 be 
increased on an urgent basis.  These steps should be 
considered as a matter of high priority to avoid a further 
deterioration of an already difficult situation. 
 
Foreign Affairs Canada avails itself of this opportunity to 
renew to the Embassy of the United States of America the 
assurances of its highest consideration. 
 
Ottawa, December 22, 2004 
 
End text of diplomatic note. 
 
¶3. CANADIAN TALKING POINTS ON PRECLEARANCE CONGESTION AT 
TORONTO 
 
--    We understand that CBP sent a &jump team8 to look 
into the preclearance congestion problem at Toronto. 
 
--    Congestion at preclearance at Toronto,s Terminals 2 
and 3 has important implications because Toronto accounts for 
approximately 40% of cross-border traffic and is a network 
hub. 
 
--    Average processing time at preclearance has increased 
since 9/11.  This is understandable and by itself has not 
been a problem because of the sharp decline in traffic after 
9/11.  Recently, however, transborder traffic has recently 
recovered sharply. 
 
--    The attachments to the Note are analyses of this 
problem by the Greater Toronto Airports Authority (GTAA), TBI 
Canada (the manager of Terminal 3), Air Canada and Air 
Transat.  Each has taken a different approach but they are 
consistent in identifying the serious negative impact of 
congestion at preclearance. 
 
--    Post-clearance would not be a practical solution 
because the GTAA would not be able to provide sufficient 
international gates or check-in counters which are already 
congested.  The availability of landing slots at certain 
United States airports is also an issue. 
 
--    Shifting flights from peak hours to off-peak hours 
would disrupt Canadian and US airlines, schedules.  It would 
also be inconvenient for travelers and undermine Toronto,s 
role as Canada,s most important gateway for cross-border 
traffic. 
 
--    Rationing of preclearance would raise issues of equity 
and competitiveness for any Canadian and US airlines that 
might be denied preclearance during peak hours. 
 
--    We recognize that preclearance officers are doing their 
best to cope with a demanding situation.  This might explain 
what we understand is an increasing absenteeism rate among 
preclearance officers.  Increasing the capacity of 
preclearance would be beneficial to all concerned. 
 
End text of Canadian talking points. 
 
¶4. DHS RESPONSE ON CONGRESTION AT TORONTO PRECLEARANCE 
FACILITY 
 
In response to the Canadian diplomatic note and expression of 
concern, DHS Attache, John Considine, provided Levy an update 
on recent measures institute by DHS to address the problem of 
congestion at Toronto's preclearance facility.  A summary of 
those comments follows: 
 
-- In the last month, Customs and Border Protection (CBP) has 
taken vigorous action in response to problems with passenger 
queuing, delayed flights and missed embarkations at the 
preclearance operation in Toronto. 
 
-- CBP sent a team of experienced personnel to Toronto to 
review operations and to determine what actions could be 
taken to improve service. 
 
-- As a result of that review, CBP has replaced its top 
managers on site with a new team of individuals with 
experience in air preclearance operations, from both a 
customs and immigration perspective.  These three individuals 
will be in place for 60 to 90 days until new permanent 
management is assigned. 
 
-- The new managers have been tasked with taking any action 
necessary to ensure increased efficiency of operations while 
still maintaining a strong security posture.  Changes in 
assignment of work hours and overtime, more effective use of 
personnel, and training of all personnel in both immigration 
and customs issues are among the first issues to be 
addressed.  Twelve new inspectors have been selected to 
report to Toronto and are in the process of being approved 
for foreign assignment. 
 
-- After improvements with the CBP workforce are under way, 
the new CBP managers will work with the airport and airline 
management to see what logistical and scheduling changes 
might be made to increase efficiency of the airport 
operations.  While it is understood that flight times are 
chosen to optimize scheduling at both the departure and 
arrival airports, there are physical limits to the current 
configuration of the inspectional area.  CBP cannot solve 
these delays alone. 
 
¶5.  Action Requested:  Request that Department provide text 
of response to DFA's diplomatic note, as needed.  Post would 
also appreciate continued attention to this problem by State 
and DHS, and updates on any additional measures that may be 
taken by CBP to reduce congestion at the Toronto preclearance 
facility. 
 
Visit Canada's Classified Web Site at 
http://www.state.sgov.gov/p/wha/ottawa 
 
DICKSON