Turning back American travellers at northwestern Ontario border crossings has become the single biggest obstacle to the growth of tourism, claim area lodge owners and outfitters. 
Regional tourism associations say there’s a mounting problem with the Canada Border Services Agency (CBSA) over what they’re calling inconsistent enforcement of the entry rules at Fort Frances and Rainy River.
North Western Ontario Tourism Association (NWOTA) president Jerry Fisher says “minor criminalities,” such as old impaired driving charges, have caused grief for some American anglers and hunters being denied entry to Canada and for camp owners dealing with lost overnight bookings.
Lodge owners in the Northwest are almost completely reliant on American visitors and Fisher says there’s a growing perception by Americans they’ll be hassled and turned back by Canadian customs officials.
Harald Lohn, an Ear Falls lodge owner and Kenora District Cottage Owners Association (KDCOA) president, says there needs to be “hard and fast” clarification on what constitutes ‘minor criminality’ against U.S. visitors and what is recognized as rehabilitation.
In a survey of 147 camp owners, both NWOTA and KDCOA say they’ve tabulated five-year losses (between 2002-2006) of more than $10.5 million in economic activity, 171 full-year jobs and more than $5.5 million in lost taxes.
Driving Under the Influence (DUI) is regarded is a serious offence under the Criminal Code, but is regarded in some American states as a misdemeanor.
“You bring it up with CBSA and they say there’s more to it than that,” says Fisher, who operates Grassy Narrows Lodge, an island fishing camp on Lake of the Woods.
In May, camp owners took their beef to Ottawa to meet with the federal Outdoor Caucus.
It’s a forum created by Members of Parliament to discuss Canadian outdoor and recreational issues. Thunder Bay-Rainy River MP Ken Boshcoff and Kenora MP Roger Valley co-chair the caucus.
The two groups want more standardized practices at all Canadian border points to address minor criminal offences by U.S. visitors, better communication by CBSA on any enforcement changes as well as finding some short-term solutions to process those with minor criminal backgrounds.
In their survey, camp owners say in the same five-year span, 1,852 parties canceled bookings because of ‘minor criminality’ problems, translating to a loss of 8,296 guests.
Gerry Cariou, executive director of the Kenora-based Northwest Ontario Sunset Country Travel Association, says if one person in a fishing party of four is denied entry, it often means the other three likely won’t strand a colleague at the border. “They’ll turn back and probably look for a place in northern Minnesota.”
He blames turn-backs on the “discretionary authority” of individual Canada Customs agents. “Other border crossings outside of northwestern Ontario appear to be using discretionary authority in the proper way.”
From a U.S. marketing perspective, Cariou says it’s become an impediment to travel.
In one instance in 2006, he says, the CEO of a U. S. corporation was forced to cancel a corporate incentive trip worth $126,000 US with a Kenora outfitter because of an old DUI charge in the U.S.
“Everyone in Northern Ontario who has a stake in our economy should be concerned.”
CBSA spokesperson Chris Kealey says there’s no question Canada regards impaired driving as a serious matter.
Those crossing into Canada with a DUI charge within the last five years are inadmissible.
If the charge is between five and 10 years, visitors can be deemed ‘rehabilitated’ if they apply through the Canadian Consulate. Visitors can also apply for a temporary residency permit, a one-time length-of-stay document involving a $100 to $200 fee paid at the border.
The issue isn’t new to MP Boshcoff who’s met before with senior CBSA officials in Fort Frances.
He admits it’s a complex case trying to find a solution that satisfies tourism groups, while not being lenient on lawbreakers.
“The issue is it isn’t as simple as letting Americans know what they can expect at the border.”
Boshcoff says he investigates every case asked of him, but many times there are two sides to every story.
“Those (complaints) that are valid....we’re not talking thousands, we’re talking dozens over three years. The problem is each turn-back results in financial loss and a whole ripple of bad publicity, whether it makes the media or not. It’s turning people off Canada.”
Boshcoff says all the reported incidents will be chronicled and analyzed.
His office provided CBSA figures showing 25.5 million Americans had entered Canada between January and September 2005. During January-to October 2005, 37,319 were denied entry. For the year, there were more than 5,300 turned back at borders and airports on minor criminality issues. Ontario posted the highest turn-backs at the border with 1,918.
Boshcoff says other MP’s have come forward with similar complaints and he’s working with the Tourism Industry Association of Canada in raising this as a national issue.
After a June meeting with Secretary of State Gerry Ritz (small business and tourism) Boshcoff proposed some measure of sensitivity and customer relations training for border agents. But difficulty remains in fully determining what’s a ‘minor criminality,’ “because it can cut across a whole range of things.”
Kealey says part of CBSA training addresses client service.
He says the reason behind many entry denials is multiple convictions by some U.S. visitors that the law prohibits CBSA officials from discussing publicly. As a result, lodge owners complain about lost business.
He says CBSA wants to work with the tourism industry and has cooperated with them in website development and in attending outdoor trade shows in the U. S. Midwest to reach their clients and get the message out.
“And that’s not enough for some reason and I don’t know why. Their approach is it’s always our fault....when tourism drops.”
According to the agency’s figures, U.S. traffic through northwestern Ontario’s three border crossings has only dropped five per cent since 1992. In other parts of Ontario, traffic has dropped as much as 50 per cent.
Lohn concedes beside border issues there are a host of factors negatively influencing U. S. travel to Canada including high gas prices, the strength of the Canadian dollar and the lack of clarity on passport requirements.
Some American lodge owners have been caught off guard by “stepped-up” border enforcement policy in the last few years.
The onus has always been on American owners to provide proper documentation to obtain Canadian work permits.
But in the past, it’s been “loosely enforced” by Canadian customs officials, says Lohn.
The overall lack of communication has caused confusion on both sides, he adds. “I think it can be clarified.”
As the owner of KaBeeLo Lodge with 18 fly-in camps, Lohn estimates he’s lost between 10 to 15 per cent in business since 2003, although increased mineral exploration activity in the area has boosted bookings.
Though he provides his guests with as much information as possible on new border rules, he stops short of asking guests to go “border shopping” outside the northwest to find easier access to Canada.
Still some Americans think it’s better to stay home. Lohn says with the U.S. being on a “war footing,” there’s a tendency for Americans not to travel.
A big help would be installing pre-screening processes such as Nexus -- a joint customs and immigration program -- at northwestern Ontario border points.
“That’s one of the things we’re pushing, but it requires political will.”
www.nwota.com
www.canadawelcomesyou.net/
www.ontariossunsetcountry.ca
www.kdca.ca
www.cbsa-asfc.gc.ca/ (Canada Border Services Agency)
