Forward Regulatory Plan: 2020 to 2022

Table of Contents

Regulations made under the Customs Act

Regulations made under the Immigration and Refugee Protection Act


Canada-Honduras Free Trade Agreement Omnibus Amendments

Enabling Act

Customs Act

Description

Amendments to existing regulations made under the Customs Act and new regulations related to verification of origin procedures are necessary to enforce the Canada-Honduras Free Trade Agreement (CHFTA). These regulations would codify into Canadian law the commitments related to customs procedures that have been negotiated in the CHFTA. The particulars of each of these amendments can be found at Customs Notice 14-023.

Regulatory cooperation efforts (domestic and international)

These regulatory amendments align customs procedures as agreed to by Canada and Honduras through the Canada-Honduras Free Trade Agreement. 

Potential impacts on Canadians, including businesses

Through the use of Customs Notice 14-023, the CBSA has been administering the customs provisions of the agreement since the agreement’s implementation on October 1, 2014. The aforementioned provisions affect importers, exporters and producers. The proposed regulatory initiative does not introduce new business impacts.

Consultations

As these regulations would codify into Canadian law the customs procedures agreed to in the free trade agreement and which have been administered through Customs Notice 14-023 since October 1, 2014, no consultations were undertaken.

Further Information

Consult Customs Notice 14-023

For more information on the Canada-Honduras Free Trade Agreement, please access the Final Agreement Summary

Contact Information

Bonnie Paradis
Senior Program Advisor
Commercial and Trade Branch
(613) 954-2280
Bonnie.Paradis@cbsa-asfc.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2015-04-01

Regulations Amending the Proof of Origin of Imported Goods Regulations (CHFTA)

Enabling Act

Customs Act

Description

Amendments to the Proof of Origin of Imported Goods Regulations made under the Customs Act are necessary to enforce the Canada-Honduras Free Trade Agreement (CHFTA). These regulations would codify into Canadian law the commitments related to proof of origin that have been negotiated in the CHFTA. The Regulations are being amended to subject goods imported from Honduras to the same proof of origin requirements as goods imported from a NAFTA country, Chile, Costa Rica, Peru, Colombia and Panama. These countries share commonalities with respect to the use of English, French or Spanish for the completion of the Certificate of Origin. The other amendments to the Proof of Origin of Imported Goods Regulations create exemptions and alternatives to the general proof of origin requirement. More information relating to these amendments can be found at Customs Notice 14-023.

Regulatory cooperation efforts (domestic and international)

These regulatory amendments align customs procedures as agreed to by Canada and Honduras through the Canada-Honduras Free Trade Agreement.

Potential impacts on Canadians, including businesses

Through the use of Customs Notice 14-023, the CBSA has been administering the customs provisions of the agreement since the agreement's implementation on October 1, 2014. The aforementioned provisions affect importers, exporters and producers. The proposed regulatory initiative does not introduce new business impacts.

Consultations

As these regulations would codify into Canadian law the customs procedures agreed to in the free trade agreement and which have been administered through Customs Notice 14-023 since October 1, 2014, no consultations were undertaken.

Further Information

Consult Customs Notice 14-023

For more information on the Canada-Honduras Free Trade Agreement, please access the Final Agreement Summary

Contact Information

Bonnie Paradis
Senior Program Advisor
Commercial and Trade Branch
(613) 954-2280
Bonnie.Paradis@cbsa-asfc.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2015-04-01

Canada-Korea Free Trade Agreement Omnibus Amendments

Enabling Act

Customs Act

Description

Amendments to existing regulations made under the Customs Act and new regulations related to verification of origin procedures are necessary to enforce the Canada-Korea Free Trade Agreement (CKFTA). These regulations would codify into Canadian law the commitments related to customs procedures that have been negotiated in the CKFTA. The particulars of each of these amendments can be found at Customs Notice 14-033.

Regulatory cooperation efforts (domestic and international)

These regulatory amendments align customs procedures as agreed to by Canada and Korea through the Canada-Korea Free Trade Agreement.

Potential impacts on Canadians, including businesses

Through the use of Customs Notice 14-033, the CBSA has been administering the customs provisions of the agreement since the agreement's implementation on January 1, 2015. The aforementioned provisions affect importers, exporters and producers. The proposed regulatory initiative does not introduce new business impacts.

Consultations

As these regulations would codify into Canadian law the customs procedures agreed to in the free trade agreement and which have been administered through Customs Notice 14-033 since January 1, 2015, no consultations were undertaken.

Further Information

Consult Customs Notice 14-033

For more information on the Canada-Korea Free Trade Agreement, please visit access the Final Agreement Summary

Contact Information

Bonnie Paradis
Senior Program Advisor
Commercial and Trade Branch
(613) 954-2280
Bonnie.Paradis@cbsa-asfc.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2015-04-01

Regulations Amending the Proof of Origin of Imported Goods Regulations (CKFTA)

Enabling Act

Customs Act

Description

Amendments to the Proof of Origin of Imported Goods Regulations made under the Customs Act are necessary to enforce the Canada-Korea Free Trade Agreement (CKFTA). These regulations would codify into Canadian law the commitments related to proof of origin that have been negotiated in the CKFTA. The Regulations are being amended to subject goods imported from Korea to the same proof of origin requirements as goods imported from a NAFTA country. The other amendments to the Proof of Origin of Imported Goods Regulations create exemptions and alternatives to the general proof of origin requirement. The particulars of each of these amendments can be found at Customs Notice 14-033.

Regulatory cooperation efforts (domestic and international)

These regulatory amendments align customs procedures as agreed to by Canada and Korea through the Canada-Korea Free Trade Agreement.

Potential impacts on Canadians, including businesses

Through the use of Customs Notice 14-033, the CBSA has been administering the customs provisions of the agreement since the agreement's implementation on January 1, 2015. The aforementioned provisions affect importers, exporters and producers. The proposed regulatory initiative does not introduce new business impacts.

Consultations

As these regulations would codify into Canadian law the customs procedures agreed to in the free trade agreement and which have been administered through Customs Notice 14-033 since January 1, 2015, no consultations were undertaken.

Further Information

Consult Customs Notice 14-033

For more information on the Canada-Korea Free Trade Agreement, please access the Final Agreement Summary

Contact Information

Bonnie Paradis
Senior Program Advisor
Commercial and Trade Branch
(613) 954-2280
Bonnie.Paradis@cbsa-asfc.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2015-04-01

Customs Sufferance Warehouse Regulations

Enabling Act

Customs Act

Description

The Canada Border Services Agency (CBSA) has continually sought to modernize the cargo control and sufferance warehouse programs to achieve greater efficiencies for trade. The Agency's aim is to modernize processes in order to establish better and smarter controls of unreleased cargo, as well as support the CBSA's examination program and ensure consistency in the application of the relevant legislation and Agency policies.

In 2012, as part of its initiative to streamline rules and regulations, the CBSA intended to change various requirements for sufferance warehouses such as the need to be licensed and allow industry to move to a self-managed system with administrative oversight provided by the CBSA. The Cargo Control and Sufferance Warehouse Modernization (CCSWM) initiative held extensive stakeholder consultations on this proposal and, as a result, moved forward with the elimination of customs sufferance warehouse licensing fees. The intention was to reduce administrative burden, to both the CBSA and the sufferance warehouse industry, and to reduce the monetary burden on sufferance warehouse operators.

The CBSA implemented this minor regulatory change using the Customs Notice process. Subsection 167.1(b) of the Customs Act allows for changes to the Regulations to have retroactive effect where they were previously part of a public announcement, for example, a customs notice. Once the changes announced in a Customs Notice are formally incorporated into regulations, they are given retroactive effect to the date upon which the Customs Notice was issued. The proposed amendments to the Customs Sufferance Warehouses Regulations will formalize regulatory changes that were enacted and implemented by the CBSA through Customs Notice 13-022 on April 1, 2014.

Regulatory cooperation efforts (domestic and international)

No regulatory cooperation efforts are required.

Potential impacts on Canadians, including businesses

There are no anticipated impacts of the proposed regulatory change on Canadians and businesses as Canada has been administering the Customs Sufferance Warehouse Regulations as though the amendments are already in place since April 1, 2014. The proposed regulatory change will formalize in regulation the changes that came into force via Customs Notice 13-022, published on December 6, 2013. The implementation of the Customs Notice reduced costs for sufferance warehouse operators and reduced the administrative burden for both sufferance warehouse operators and the CBSA.

Consultations

Meetings of the Border Commercial Consultative Committee (BCCC) CCSWM Sub-Committee were held on March 20, 2012, June 26, 2012, November 26, 2012 and April 9, 2013. The CBSA consulted with other government departments and agencies, and internally through working groups to discuss this proposed regulatory change. No further consultation opportunities will be offered.

Further Information

Information on the purpose and impacts of the CCSWM initiative can be found on the CCSWM webpage on the CBSA website.

The announcement of the proposed regulatory amendment eliminating the customs sufferance warehouses license fee commencing April 1, 2014, is found in Customs Notice 13-022.

Contact Information

Ryan Mark
Manager
Commercial and Trade Branch
Canada Border Services Agency
Tel.: 613-954-7043
Ryan.Mark@cbsa-asfc.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2017-04-01

Amendment to the Reporting of Exported Goods Regulations

Enabling Act

Customs Act

Description

The Canada Border Services Agency (CBSA) will be repealing the definition of exporter in the Reporting of Exported Goods Regulations (Regulations).

Definition of Exporter

According to the current definition in the Regulations, an entity without a Business Number (BN) is not considered an "exporter". As a result, it is difficult for the CBSA to assess penalties against persons without BNs and it creates a security loophole whereby goods could be exported without being reported.

This results in a situation where the CBSA is unable to enforce the Customs Act against persons/entities who do not adhere to export controls.

To address this issue, the CBSA will be repealing or amending the definition of exporter found in the Regulations to ensure that any entity (traveller and/or commercial business) will be required to report exports as well as be subject to enforcement action should they contravene export controls, regardless of whether they have a BN.

Regulatory cooperation efforts (domestic and international)

With the proposed regulatory change (i.e. repeal or amendment), the Agency would be able to apply Administrative Monetary Penalties under section 95 of the Customs Act on all non-compliant exporters who attempt to take a restricted (i.e. controlled, prohibited or regulated) good, including cannabis, out of the country without reporting them, whether knowingly or not. This regulatory change would strengthen Canada’s commitment to its international partners to strictly control the cross-border movement of goods.

Potential impacts on Canadians, including businesses

Repealing or amending the definition will have a positive impact because it will result in increased efficiency and predictability for the exporter community.

Consultations

Consultations with internal and external stakeholders have been ongoing since the start of the review of the export program in 2015. Consultations will continue through the Border Commercial Consultative Committee.

Further Information

2015 Auditor General of Canada Report on Controlling Exports at the Border.

Contact Information

Valerie Dinis
Manager
Strategic Policy Branch
Canada Border Services Agency
Tel.: 613-957-1209
valerie.dinis@cbsa-asfc.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2016-04-01

Presentation of Persons (2003) Regulations: Discontinuance of CANPASS Air and CANPASS Private Boats Programs and Housekeeping modifications

Enabling Act

Customs Act

Description

The CBSA is removing references in the Presentation of Persons (2003) Regulations to the CANPASS Air and Private Boat alternative reporting programs. Both programs were recommended for discontinuance in the Trusted Traveller Evaluation and approved by senior management on April 3, 2018.

The Agency is also including a new reference to the alternative manner of reporting known as the Pilot Project for the Travellers in Remote Areas – Québec (PPTRA-Q) as this has not yet been prescribed in Regulation, as per Customs Notice 14-017.

Additionally, the CBSA is doing housekeeping regulatory maintenance.

Regulatory cooperation efforts (domestic and international)

This initiative is not subject to a regulatory cooperation work plan.

Potential impacts on Canadians, including businesses

There are no impacts on Canadians, governments, or businesses and there are no other quantifiable costs.

As part of the discontinuation process, each member received a letter in March 2018 advising that their program(s) would be discontinued. The CBSA received three inquiries, which were responded to, and no complaints.

Consultations

During previous consultations in March 2018, the CBSA informed affected members of changes to these programs, whereby a letter or email including a link to the notice was posted on the CBSA website.

In 2020, as part of the regulatory process, the CBSA will be publishing a Notice to Stakeholders on the CBSA website and Consulting with Canadians website.

Once the Minister has been informed of the critical path to support regulatory changes, the CBSA will initiate a public consultation.

Canada Gazette part I projected date: March 2021.

Further Information

The Evaluation of the Trusted Traveller Programs (Air, Land, Marine) may be found at the following weblink: https://www.cbsa-asfc.gc.ca/agency-agence/reports-rapports/ae-ve/2016/ttp-pvdc-eng.html

Contact Information

Alyssa Herage
Director, Program and Policy Management, Traveller Programs
Canada Border Services Agency
Alyssa.Herage@cbsa.asfc.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

April 2019

Presentation of Persons (2003) Regulations: Miscellaneous

Enabling Act

Customs Act

Description

In 2007, the Standing Joint Committee for the Scrutiny of Regulations and the Department of Justice provided the CBSA with recommendations to improve the clarity and coherence of the Presentation of Persons (2003) Regulations, which regulate the trusted traveler programs of the CBSA.

Prior to this amendment, the term “good character” was not defined in the Regulations. The SJCSR was of the view that by replacing “good character” with specific eligibility criteria, the public would now have a clear list of criteria to meet in order to be granted a membership.

The CBSA has proposed amendments which will minimize discretionary components of the eligibility assessment relating to:

  • Advance notification;
  • Eligibility criteria that will replace the good character provision;
  • The presentation in the land mode;
  • Conditions of the authorizations;
  • Circumstances leading to suspension and cancellation of the authorization;
  • Type of biometrics that need to be collected;
  • Introduction of a warning regime for some conditions of the authorization;
  • Length of time a person can request a review of a decision; and
  • Clarification of residency requirements for Canadian and United States permanent residents.
Regulatory cooperation efforts (domestic and international)

This initiative is not subject to a regulatory cooperation work plan. However, our bi-national programs (NEXUS and FAST) operate in coordination with the United States and thus require similar regulations.

Potential impacts on Canadians, including businesses

There are no impacts on Canadians, governments, or businesses and there are no other quantifiable costs.

Consultations

In November 2012, the public was first consulted on the following amendments to be made to the regulations:

  • grounds for the cancellation of a membership; and
  • grounds for suspension of a membership.

A notice was posted on the CBSA website and the “Consulting with Canadians” website. Less than ten comments were received and overall, the majority of comments sought clarification on program requirements outside the scope of the consultation.

Between December 2014 and January 2015, the CBSA undertook a consultation process on the following changes:

  • add the remote processing technologies to the exceptions of presentation;
  • the Good Character criteria;
  • add fingerprints and facial recognition as biometric data;
  • add the use of a “telephone” to complement “telecommunication device”;
  • clarify the conditions of an authorization; and,
  • the circumstances leading to suspension, warning and/or cancellation of an authorization;
  • allow the review of a decision within a period of 90 days instead of 30.

The general public and specific industry/internal stakeholders (including members of the Border Commercial Consultative Committee and Air Consultative Committee), were identified and contacted to provide feedback and comments via the CBSA and Consulting with Canadians. In response to this consultation period, approximately forty comments were received from stakeholders and TTP members.

In July 2016, another round of consultations was conducted, this time inviting over 1,000,000 TTP members to provide feedback via email on the following proposed regulatory modifications:

  • the Good Character criteria;
  • the residency requirement;
  • the program or mode specific exceptions to the conditions of the authorization; and,
  • the circumstances leading to suspension, warning and/or cancellation of an authorization.

Email responses received by the CBSA exceeded 4,000 with an overwhelmingly majority (over 90%) expressing support for the proposed amendments or for efforts to strengthen the integrity of trusted traveller programs more generally.

The anticipated date for publication in the Canada Gazette part II, is June 2019.

Further Information

Trusted Traveller Programs
2016 Evaluation of the Trusted Traveler Programs (Air, Land, Marine)

Contact Information

Madona Radi
Director
Travellers Branch
(613) 954-6319
Madona.Radi@cbsa-asfc.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2016-04-01

Regulatory Amendments Consequent to the Conveyance Presentation and Reporting Requirements Modernization Act

Enabling Act

Customs Act
Immigration and Refugee Protection Act
Proceeds of Crime (Money Laundering) and Terrorist Financing Act

Description

The purpose of the proposal is to:

  1. Allow a conveyance that is in Canada and its passengers to travel into or through international waters/airspace and return to Canada without reporting to the CBSA on the condition that they did not land on foreign soil or embark any people or goods in the foreign waters/airspace.
  2. Allow a conveyance to travel into or through Canadian waters or airspace without reporting to the CBSA on the condition that they do not land on Canadian soil or disembark any people or goods in Canada.

Amendments are required to the following regulations:

  • Presentation of Persons (2003) Regulations
  • Immigration and Refugee Protection Regulations
  • Reporting of Imported Goods Regulations
  • Cross-border Currency and Monetary Instruments Reporting Regulations

Current legislation states that all persons entering Canada are required to present themselves upon their arrival in Canada (pursuant to section 11 of the Customs Act) and to appear for examination (under section 18 of the Immigration and Refugee Protection Act). Persons are also required to report any goods that they are importing into Canada under section 12 of the Customs Act. Historically, exemptions to this requirement did not account for the circumstances outlined above.

Bill S-233 amended the Customs Act and the Immigration and Refugee Protection Act to align with existing CBSA practices by relieving the reporting requirement for travellers who incidentally cross into and out of Canadian waters with no intention of seeking admission into Canada. The proposed regulatory amendments are required to reflect the changes made to the Customs Act and the Immigration and Refugee Protection Act.

Regulatory cooperation efforts (domestic and international)

This proposal is not a commitment under the Canadian Free Trade Agreement Regulatory Reconciliation and Cooperation Table, the Canada-EU Regulatory Cooperation Forum or the Canada-United States Regulatory Cooperation Council.

The proposal will align more closely with US reporting requirements.

Potential impacts on Canadians, including businesses

There are no expected costs on Canadian businesses.

Consultations

Social media, including Facebook and Twitter, will be leveraged to expand the reach of messaging concerning the updated maritime reporting requirements for private boaters and operators of passenger conveyances (such as cruise ships, tour boats, ferries and aircraft).

Consultation will be conducted through the Consulting with Canadians website.

In addition, a consultation network was established with the cruise ship industry in 2013 and continues to be used for consultation purposes.

Further Information

Bill S-233

Contact Information

Alyssa Herage
Director
Programs Branch
Canada Border Services Agency
Tel: 613-954-6319
Alyssa.Herage@cbsa-asfc.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2017-04-01

Conclusive Findings of Facts Related to Inadmissibility

Enabling Act

Immigration and Refugee Protection Act (IRPA)

Description

Sections 14 and 15 of the Immigration and Refugee Protection Regulations (IRPA) currently provide that findings of fact made by criminal courts, and other bodies, are considered conclusive findings of fact for determinations of inadmissibility under the Immigration and Refugee Protection Act (IRPA) for certain security or human/international rights violations grounds. Amendments to the current framework are being considered to treat findings of fact made by Canadian criminal courts when rendering decisions on certain offences relating to organized crime, to be conclusive findings of fact for determinations of inadmissibility under the IRPA for organized criminality. These regulatory amendments are intended to support an efficient and effective inadmissibility determination process.

This review supports the 2017 government response to the Standing Committee on National Security and Defence Report entitled “Vigilance, Accountability and Security at Canada’s Borders”.

Regulatory cooperation efforts (domestic and international)

Regulatory cooperation efforts do not apply. This proposal only applies to foreign nationals determined to be inadmissible to Canada.

Potential impacts on Canadians, including businesses

There are no expected impacts on Canadians or businesses. This proposal only applies to inadmissible foreign nationals that are issued removal orders that become enforceable.

Consultations

Online public consultations were held in February 2020 and closed in March 2020:

  • British Columbia Civil Liberties Association
  • Canadian Association of Refugee Lawyers
  • Canadian Association of Professional Immigration Consultants
  • Canadian Bar Association
  • Canadian Civil Liberties Association
  • Canadian Council for Refugees
  • Federation of Law Societies of Canada
  • Quebec Immigration Lawyers Association

Public consultations will also be available via the Consulting with Canadians website as well as the Canada Border Services Agency website.

Further Information

Immigration and Refugee Protection Act
Immigration and Refugee Protection Regulations
Standing Senate Committee on National Security and Defense: Vigilance, Accountability and Security at Canada's Borders

Contact Information

Jeff Robertson
Manager
Inadmissibility Policy Unit
Canada Border Services Agency
Tel: 613-946-3996
Jeff.Robertson@cbsa-asfc.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2018-04-01

Recovery of Removal Costs

Enabling Act

Immigration and Refugee Protection Act (IRPA)

Description

Section 243 of the Immigration and Refugee Protection Regulations outlines requirements for the recovery of removal costs from foreign nationals that have been removed from Canada at the government's expense.

This regulation, including the prescribed amount to be recovered, will be reviewed and updated to account for adjustments, such as inflation and other contemporary cost factors, which have emerged since the regulation was established.

This regulatory work supports the Border Enforcement Strategy, announced as part of Budget 2019. Budget 2019 invested $1.18 billion over five years, and $55 million per year ongoing to enhance the integrity of Canada’s borders and asylum system. These investments support the Border Enforcement Strategy and increase the asylum system’s capacity in order to provide timely protection to refugees and to ensure that failed asylum claimants are removed faster. The proposed amendments align with the overall Government of Canada commitment to a well-managed asylum system that is “fair, fast and final.”

Regulatory cooperation efforts (domestic and international)

Regulatory cooperation efforts are not applicable. This proposal only applies to foreign nationals, determined to be inadmissible to Canada, who have been removed.

Potential impacts on Canadians, including businesses

There are no expected impacts on Canadians or businesses. This proposal only applies to foreign nationals, who have been removed and are seeking to re-enter Canada.

Consultations

Interested parties will be given a chance to participate in developing the regulations through online consultations.

Public consultations on the proposed regulatory amendments were undertaken with the following groups in the 2020 to 2021 fiscal year:

British Columbia Civil Liberties Association
Canadian Association of Refugee Lawyers
Canadian Association of Professional Immigration Consultants
Canadian Bar Association
Canadian Civil Liberties Association
Canadian Council for Refugees
Canadian Taxpayers Federation
Conference Board of Canada
Federation of Law Societies of Canada
Quebec Immigration Lawyers Association

The regulations are planned to be pre-published in the Canada Gazette in fall/winter 2020 to 2021.

Further Information

Immigration and Refugee Protection Act
Immigration and Refugee Protection Regulations

Contact Information

Anders Sorensen
A/Manager
Asylum and Irregular Migration Policy
Canada Border Services Agency
Tel.: 613-952-2778
anders.sorensen@cbsa-asfc.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2018-04-01

Removal Orders and Immigration Document Invalidation

Enabling Act

Immigration and Refugee Protection Act (IRPA)

Description

The Canada Border Services Agency (CBSA) is developing proposed amendments to the Immigration and Refugee Protection Regulations to automatically cancel certain immigration documents (temporary resident visas, electronic travel authorizations (eTAs),temporary resident permits, work permits and study permits), in cases where the holder of the document is issued a removal order.

These regulatory changes would complement the current automatic cancellation regulations for work and study permits that exist when removal orders become enforceable. The changes would also streamline processes, generate cost-efficiencies, and improve consistency of application with respect to the cancellation of immigration documents when a removal order has been issued.

This regulatory work supports the Border Enforcement Strategy, announced as part of Budget 2019. Budget 2019 invested $1.18 billion over five years, and $55 million per year ongoing to enhance the integrity of Canada’s borders and asylum system. These investments support the Border Enforcement Strategy and increase the asylum system’s capacity in order to provide timely protection to refugees and to ensure that failed asylum claimants are removed faster. The proposed amendments align with the overall Government of Canada commitment to a well-managed asylum system that is “fair, fast and final.”

Regulatory cooperation efforts (domestic and international)

Regulatory cooperation efforts do not apply. This proposal only applies to foreign nationals determined to be inadmissible in Canada.

Potential impacts on Canadians, including businesses

There are no expected impacts on Canadians or businesses. This proposal only applies to inadmissible foreign nationals that are issued removal orders.

Consultations

Public consultations on the proposed regulatory amendments will be undertaken with the following groups in the 2019‒2020 fiscal year:

  • British Columbia Civil Liberties Association
  • Canadian Association of Refugee Lawyers
  • Canadian Association of Professional Immigration Consultants
  • Canadian Bar Association
  • Canadian Civil Liberties Association
  • Canadian Council for Refugees
  • Federation of Law Societies of Canada
  • Quebec Immigration Lawyers Association

Public consultations will also be available via the Consulting with Canadians website as well as the Canada Border Services Agency website.

Further Information

Immigration and Refugee Protection Act
Immigration and Refugee Protection Regulations

Contact Information

Anders Sorensen
A/Manager
Asylum and Irregular Migration Policy
Canada Border Services Agency
Tel: 613-952-2778
anders.sorensen@cbsa-asfc.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2018-04-01

Standing Joint Committee for the Scrutiny of Regulations: Return of Things Seized

Enabling Act

Immigration and Refugee Protection Act (IRPA)

Description

The Standing Joint Committee for the Scrutiny of Regulations (SJCSR) has identified potential gaps, inaccuracies and inconsistencies within "Part 16 - Seizures” of the Immigration and Refugee Protection Regulations. The proposed amendments will provide clarity with respect to these issues.

Regulatory cooperation efforts (domestic and international)

The proposed amendments are being brought forward to address concerns raised by the SJCSR and, as such, they are not motivated by regulatory cooperation efforts, domestic or international.

Potential impacts on Canadians, including businesses

There are no expected impacts on Canadians, including businesses. The proposed amendments seek to address the concerns raised by the SJCSR and enhance the clarity and consistency of Part 16 of the IRPR. They do not result in any additional compliance or administrative burdens for businesses or Canadians.

Consultations

Initial public consultations on the proposed regulatory amendments were undertaken with the following groups between January 13, 2017, and February 16, 2017:

  • British Colombia Civil Liberties Association
  • Canadian Association of Refugee Lawyers
  • Canadian Association of Professional Immigration Consultants
  • Canadian Bar Association
  • Canadian Civil Liberties Association
  • Canadian Council for Refugees
  • Federation of Law Societies of Canada
  • Quebec Immigration Lawyers Association

Interested stakeholders were also provided the opportunity to comment on the proposed regulatory amendment through the Consulting with Canadians website between January 19, 2017 and February 18, 2017.
The proposed regulatory amendments are expected to reach pre-publication and final publication in the Canada Gazette, Parts I and II, in the 2020 to 2021 fiscal year.

Further Information

Immigration and Refugee Protection Act
Immigration and Refugee Protection Regulations

Contact Information

Julie Bossé
Manager
Policy Integrity Unit
Canada Border Services Agency
613-946-4305
julie.bosse@cbsa-asfc.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2016-04-01

Minister's Delegate Authority to Issue Removal Orders

Enabling Act

Immigration and Refugee Protection Act (IRPA)

Description

The Immigration and Refugee Protection Regulations (IRPR) prescribe those inadmissibility grounds for which removal orders are to be issued by the Immigration Division of the Immigration and Refugee Protection Board (IRB) and those for which removal orders are to be issued by the Minister's Delegate (i.e. a Canada Border Services Agency (CBSA) or Immigration, Refugees and Citizenship Canada official).

The 2017 government response to the Senate Standing Committee on National Security and Defense Report entitled “Vigilance, Accountability and Security at Canada's Border”, committed the CBSA to explore policy options to enhance the efficiency of the inadmissibility determination process. The response also committed the Agency to undertake a review of officer authorities to render inadmissibility decisions and issue removal orders without the need for an admissibility hearing before the Immigration Division of the IRB in certain circumstances. As a result, regulatory amendments are being considered to streamline the inadmissibility decision-making process by transferring more authorities from the Immigration Division to the Minister's Delegate.

To the extent that Minister’s Delegates can resolve additional relatively straightforward inadmissibility cases at ports of entry, rather than having to physically refer them into Canada for admissibility hearings and subsequent removal, this approach could also support Canada’s efforts to protect public health. On March 11, 2020, the World Health Organization declared coronavirus disease 2019 (COVID-19) a pandemic, indicating that there is an outbreak of a communicable disease in the majority of foreign countries. Various border restrictions have since been implemented, along with requirements for mandatory self-isolation and quarantine by individuals who are entering Canada from other countries.

Regulatory cooperation efforts (domestic and international)

Regulatory cooperation efforts do not apply. This proposal only applies to foreign nationals determined to be inadmissible in Canada.

Potential impacts on Canadians, including businesses

The proposed regulations do not have an impact on small business. The amendments only apply to persons who are inadmissible under the IRPA.

Consultations

The general public will be consulted prior to the pre-publication phase and key stakeholders will be notified of the launch of the consultation period.

Further Information

Senate Report: Vigilance, Accountability and Security at Canada's Borders
Immigration and Refugee Protection Act
Immigration and Refugee Protection Regulations

Contact Information

Julie Bossé
Manager
Policy Integrity Unit
Canada Border Services Agency
613-946-4305
julie.bosse@cbsa-asfc.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

Review of Regulatory Framework Applicable to Applications for “Ministerial Relief”

Enabling Act

Immigration and Refugee Protection Act (IRPA)

Description

A foreign national inadmissible to Canada on certain serious grounds relating to security, human rights violations, or organized criminality, may apply to the Minister of Public Safety for an exemption under subsection 42.1(1) of the IRPA. The existing regulatory framework which governs these applications for “Ministerial relief,” found between sections 24.1 and 24.5 of the Immigration and Refugee Protection Regulations (IRPR), came into force in 2017, and articulates various application content requirements, eligibility criteria, and application closure parameters.

A post-implementation review of this regulatory framework will be conducted with a view to identifying additional potential amendments to address noteworthy gaps, and ensure continued alignment with other relevant legislative provisions.

Regulatory cooperation efforts (domestic and international)

Regulatory cooperation efforts do not apply. This proposal only applies to foreign nationals who are, or are believed to be, inadmissible to Canada.

Potential impacts on Canadians, including businesses

There are no expected impacts on Canadians or businesses.

Consultations

Public and stakeholder consultations are expected to be undertaken during the 2020 to 2021 fiscal year.

Further Information

Senate Report: Vigilance, Accountability and Security at Canada's Borders
Immigration and Refugee Protection Act
Immigration and Refugee Protection Regulations

Contact Information

Jeff Robertson
Manager
Inadmissibility Policy Unit
Canada Border Services Agency
Tel: 613-946-3996
Jeff.Robertson@cbsa-asfc.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

TBD

Review of Regulatory Framework Applicable to the Definition of “Senior Official”

Enabling Act

Immigration and Refugee Protection Act (IRPA)

Description

Section 16 of the Immigration and Refugee Protection Regulations (IRPR) defines the term “senior official”, for the purposes of paragraph 35(1)(b) of the Immigration and Refugee Protection Act (IRPA), which pertains to the designation of regimes. A regime is designated by the Minister of Public Safety and Emergency Preparedness if he or she believes that the regime engaged in genocide, terrorism or crimes against humanity. The associated regulation states that a senior official is a person who, by virtue of the position they held, was able to exert significant influence or benefitted from their position. These positions include: heads of state; members of council; high ranking members of the military; and judges. Section 16 of the IRPR will be reviewed and considered for potential amendments in light of factors such as relevant jurisprudence.

Regulatory cooperation efforts (domestic and international)

Regulatory cooperation efforts do not apply. This proposal applies to permanent residents and foreign nationals who are, or are believed to be, inadmissible to Canada.

Potential impacts on Canadians, including businesses

There are no expected impacts on Canadians or businesses.

Consultations

Public and stakeholder consultations are expected to be undertaken during the 2020-2021 fiscal year.

Further Information

Senate Report: Vigilance, Accountability and Security at Canada's Borders
Immigration and Refugee Protection Act
Immigration and Refugee Protection Regulations

Contact Information

Jeff Robertson
Manager
Inadmissibility Policy Unit
Canada Border Services Agency
Tel: 613-946-3996
Jeff.Robertson@cbsa-asfc.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

TBD

Amendments to Stay of Removal Regulations (R231 and R233)

Enabling Act

Immigration and Refugee Protection Act (IRPA)

Description

A regulatory review of the stay of removal regulations will be undertaken with a particular focus on the Designated Country of Origin (DCO) provisions and the public policy provisions.

Regulatory cooperation efforts (domestic and international)

Regulatory cooperation efforts do not apply.

Potential impacts on Canadians, including businesses

There are no expected impacts on Canadians or businesses. Changes to both proposals are limited to the regulatory framework applicable to foreign nationals.

Consultations

Public and stakeholder consultations are expected to be undertaken during the 2020 to 2021 fiscal year

Further Information

Senate Report: Vigilance, Accountability and Security at Canada's Borders
Immigration and Refugee Protection Act
Immigration and Refugee Protection Regulations

Contact Information

Julie Bossé
Manager
Policy Integrity Unit
Canada Border Services Agency
613-946-4305
julie.bosse@cbsa-asfc.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

TBD

Canada-European Union Comprehensive Economic and Trade Agreement Amendments

Enabling Act

Customs Act

Description

Amendments to existing regulations made under the Customs Act and new regulations related to verification of origin procedures are necessary to enforce the Canada-European Union Comprehensive Economic and Trade Agreement (CETA). These regulations would codify into Canadian law the commitments related to customs procedures that have been negotiated in the CETA. The particulars of each of these amendments can be found in Customs Notice 17-29 Proposed Regulatory Amendments and Proposed New Regulations Related to the Implementation of the Canada-European Union Comprehensive Economic and Trade Agreement (CETA).

Regulatory cooperation efforts (domestic and international)

These regulatory amendments align customs procedures as agreed to by Canada and the European Union through the CETA.

Potential impacts on Canadians, including businesses

Through the use of Customs Notice 17-29, the CBSA has been administering the customs provisions of the agreement since the agreement’s implementation on September 21, 2017. The aforementioned provisions affect importers, exporters and producers. The proposed regulatory initiative does not introduce new business impacts.

Consultations

As these regulations would codify into Canadian law the customs procedures agreed to in the free trade agreement and which have been administered through Customs Notice 17-29 since September 21, 2017, no consultations were undertaken.

Further Information

Customs Notice 17-29
For more information on the CETA, please visit access the Agreement overview.

Contact Information

Bonnie Paradis
Senior Program Advisor
Commercial and Trade Branch
(613) 954-2280
bonnie.paradis@cbsa-asfc.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2019-04-01

Canada-Israel Free Trade Agreement Omnibus Amendments

Enabling Act

Customs Act

Description

Amendments to existing regulations made under the Customs Act and new regulations related to verification of origin procedures are necessary to enforce the Canada-Israel Free Trade Agreement (CIFTA). These regulations would codify into Canadian law the commitments related to customs procedures that have been negotiated in the CIFTA. The particulars of each of these amendments can be found at Customs Notice 19-018.

Regulatory cooperation efforts (domestic and international)

These regulatory amendments align customs procedures as agreed to by Canada and Israel through the Canada-Israel Free Trade Agreement.

Potential impacts on Canadians, including businesses

Through the use of Customs Notice 19-018, the CBSA has been administering the customs provisions of the agreement since the agreement’s implementation on September 1, 2019. The aforementioned provisions affect importers, exporters and producers. The proposed regulatory initiative does not introduce new business impacts.

Consultations

As these regulations would codify into Canadian law the customs procedures agreed to in the free trade agreement and which have been administered through Customs Notice 19-018 since September 1, 2019, no consultations were undertaken.

Further Information

For more information on the Canada-Israel Free Trade Agreement.

Contact Information

Bonnie Paradis
Senior Program Advisor
Commercial and Trade Branch
(613) 954-2280
bonnie.paradis@cbsa-asfc.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2020-04-01

Canada-Ukraine Free Trade Agreement Amendments

Enabling Act

Customs Act

Description

Amendments to existing regulations made under the Customs Act and new regulations related to verification of origin procedures are necessary to enforce the Canada–Ukraine Free Trade Agreement (CUFTA). These regulations would codify into Canadian law the commitments related to customs procedures that have been negotiated in the CUFTA. The particulars of each of these amendments can be found in Customs Notice 17-25 Proposed Regulatory Amendments and Proposed New Regulations Related to the Implementation of the Canada-Ukraine Free Trade Agreement (CUFTA).

Regulatory cooperation efforts (domestic and international)

These regulatory amendments align customs procedures as agreed to by Canada and the Ukraine through the CUFTA.

Potential impacts on Canadians, including businesses

Through the use of Customs Notice 17-25, the CBSA has been administering the customs provisions of the agreement since the agreement’s implementation on August 1, 2017. The aforementioned provisions affect importers, exporters and producers. The proposed regulatory initiative does not introduce new business impacts.

Consultations

As these regulations would codify into Canadian law the customs procedures agreed to in the free trade agreement and which have been administered through Customs Notice 17-25 since August 1, 2017, no consultations were undertaken.

Further Information

Customs Notice 17-25
For more information on the CUFTA, please visit the Global Affairs Canada website.

Contact Information

Bonnie Paradis
Senior Program Advisor
Commercial and Trade Branch
(613) 954-2280
bonnie.paradis@cbsa-asfc.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2019-04-01

CBSA Assessment and Revenue Management

Enabling Act

Customs Act

Description

Current CBSA processes for accounting for commercial imports and assessing duties and taxes require extensive administration by both importers and the government, and often require substantial paperwork or rely on an assortment of aging IT systems. This approach is highly inefficient and costly for both importers and the government. As such, proposed legislative and regulatory amendments are being sought to allow the CBSA and its commercial clients to realize efficiencies and benefits derived from the new automated commercial assessment and revenue management system.

Specifically, the CBSA Assessment and Revenue Management (CARM) system will enable: electronic communication and forms of payment; the harmonization of payment due dates for transactions occurring within a single billing period; commercial importers to post more complete and accurate information to their client portal in a more timely fashion; and the furnishing of financial security electronically.

Regulatory cooperation efforts (domestic and international)

N/A

Potential impacts on Canadians, including businesses

The transformation of CARM is intended to produce significant business benefits structured around three outcomes:

  • reduce Burden for Trade Partners
  • increase Government of Canada (GoC) Revenues and
  • increase CBSA Efficiency

Overall, CARM is expected to deliver up to $2B in total benefits by 2031 with increased Government of Canada Revenues of $459M over the next six years. Benefits are expected to begin to accrue once CARM implementation is complete.

Taken together, the proposed legislative and regulatory amendments align with the Government of Canada objective of stimulating economic recovery through digitization and support for fewer in person touchpoints. Both will be critical pieces in ensuring efficiencies for commerce and allowing the Agency to move towards a “touchless border”.

Consultations

As part of its engagement on CARM, CBSA is engaged with many different groups and networks of internal and external stakeholders. This includes existing stakeholder groups such as the Border Commercial Consultative Committee, as well as, groups created specifically for consultations with external partners, such as the Trade Chain Partner Working Group. Stakeholder consultation and engagement networks and groups are being used to help ensure external and internal stakeholders are represented in the design of CARM. To-date the CARM team has consulted with trade chain partners via:

  • 63 outreach events
  • 40 communications products
  • 13 Trade Chain Partner Working Group Consultation Sessions
  • 15 TCP Sub-Working Group Deep-Dive Sessions and
  • 31 Engagement Events
Further Information

The proposed regulations are to be in place by fall 2021. It is important to note that many of the proposed regulatory amendments are contingent on having legislative amendments to the Customs Act in place prior to the regulatory changes.

Contact Information

Valerie Dinis
Manager
Strategic Policy Branch
Canada Border Services Agency
Tel.: 613-957-1209
valerie.dinis@cbsa-asfc.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

TBD

Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendments

Enabling Act

Customs Act

Description

Amendments to existing regulations made under the Customs Act and new regulations related to verification of origin procedures are necessary to enforce the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). These regulations would codify into Canadian law the commitments related to customs procedures that have been negotiated in the CPTPP. The particulars of each of these amendments can be found in Customs Notice 18-27 Regulatory Amendments and New Regulations Related to the Implementation of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP).

Regulatory cooperation efforts (domestic and international)

These regulatory amendments align customs procedures as agreed to by Canada and 10 other countries in the Asia-Pacific region: Australia, Brunei, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam through the CPTPP.

Potential impacts on Canadians, including businesses

Through the use of Customs Notice 18-27, the CBSA has been administering the customs provisions of the agreement since the agreement’s implementation on December 30, 2018. The aforementioned provisions affect importers, exporters and producers. The proposed regulatory initiative does not introduce new business impacts.

Consultations

As these regulations would codify into Canadian law the customs procedures agreed to in the free trade agreement and which have been administered through Customs Notice 18-27 since December 30, 2018, no consultations were undertaken.

Further Information

Customs Notice 18-27
For more information on the CPTPP, please visit the Global Affairs Canada website.

Contact Information

Bonnie Paradis
Senior Program Advisor
Commercial and Trade Branch
(613) 954-2280
bonnie.paradis@cbsa-asfc.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2019-04-01

Electronic Advance Data for E-Commerce Shipments

Enabling Act

Customs Act

Description

The dramatic growth of e-commerce has resulted in fundamental changes to how goods enter Canada. In addition to rising volumes of legitimate goods procured online, e-commerce shipments have been used to illegally import drugs, firearms, and other goods that present a risk to the health, safety and security of Canadians. The CBSA is exploring regulatory changes to ensure that it has consistent access to timely and accurate electronic advance data to identify and address health, safety, security and revenue risks associated to goods arriving in courier and international postal shipments.

The CBSA is exploring potential amendments to the Reporting of Imported Goods Regulations that may include, but are not limited to, mandating electronic advance data for all courier and international mail shipments in accordance with the timeframes and manner to be prescribed in the regulations.

Regulatory cooperation efforts (domestic and international)

By implementing electronic advance data requirements for international mail shipments, Canada will ensure its alignment with the international commitments being pursued by the World Customs Organization (WCO) and the Universal Postal Union (UPU) for implementing provisions for providing electronic advance data, under Article 08-002 of the UPU Convention Regulations.

By mandating electronic advance data requirements for low value courier shipments, the CBSA will bring requirements in line with international commitments, streamline the process of importing legitimate goods, and ensure greater consistency in addressing Canadian health, safety, security and revenue collection concerns across the import landscape.

Potential impacts on Canadians, including businesses

The proposed regulatory amendments will facilitate the movement of legitimate trade and admissible goods by reducing the CBSA’s physical touchpoint for the majority of shipments, while permitting more effective detection of firearms, illicit drugs, and other threats in e-commerce shipments.

Consultations

To be commenced in 2020 to 2021.

Further Information

WCO Cross-Border E-Commerce Framework of Standards (PDF)
UPU Convention (PDF)
WCO-UPU guidelines on the electronic exchange of electronic advance data (EAD) between designated operators and customs administrations (PDF)

Contact Information

Valerie Dinis
Manager
Strategic Policy Branch
Canada Border Services Agency
Tel.: 613-957-1209
valerie.dinis@cbsa-asfc.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2019-04-01

Omnibus Regulations Made under the Customs Act consequent to the Canada-United States-Mexico Agreement (CUSMA)

Enabling Act

Customs Act

Description

Amendments to existing regulations made under the Customs Act and new regulations related to verification of origin procedures are necessary to enforce the CUSMA. These regulations would codify into Canadian law the commitments related to customs procedures that have been negotiated in the CUSMA. The particulars of each of these amendments can be found at Customs Notice 20-22.

Regulatory cooperation efforts (domestic and international)

These regulatory amendments and new regulations align customs procedures as agreed to by Canada, the United States and Mexico through the CUSMA.

Potential impacts on Canadians, including businesses

Through the use of Customs Notice 20-22, the CBSA has been administering the customs provisions of the agreement since the agreement’s implementation on July 1, 2020. The aforementioned provisions affect importers, exporters and producers. The proposed regulatory initiative does not introduce new business impacts.

Consultations

As these regulations would codify into Canadian law the customs procedures agreed to in the free trade agreement and which have been administered through Customs Notice 20-22 since July 1, 2020, no consultations were undertaken.

Further Information

Customs Notice 20-22
For more information on the CUSMA, please access the CUSMA Summary.

Contact Information

Bonnie Paradis
Senior Program Advisor
Commercial and Trade Branch
(613) 954-2280
bonnie.paradis@cbsa-asfc.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

N/A

Preclearance Regulations

Enabling Act

Preclearance Act, 2016
Immigration and Refugee Protection Act (IRPA)

Description

Preclearance is a process that enables an inspecting (foreign) country to perform customs, immigration, and related inspections in a host country in order to determine the admissibility of people and goods before they enter the inspecting country. The United States (U.S.) has conducted preclearance operations at selected airports in Canada since 1952. The Preclearance Act, 1999 was brought into force in 2002 and was the statute supporting air preclearance activities in Canada until 2016. Canada does not have preclearance operations in any country at this time. The proposed regulatory amendments would enable Canada to conduct preclearance operations in the U.S.

Canada and the U.S. signed the Agreement on Land, Rail, Marine, and Air Transport Preclearance (LRMA) in 2015. With the coming into force of both the LRMA and Preclearance Act, 2016 (PCA, 2016) in August 2019, Canada now has the framework and authorities to establish Canadian preclearance operations in the U.S.

The Regulations supporting Part 1 of the PCA, 2016 which updates and expands the framework for US preclearance operations in Canada, were published as Preclearance in Canada Regulations, SOR/2019-183 on .

Part 2 of the PCA, 2016 establishes the legal framework governing Canadian preclearance operations in the U.S. and establishes that Canadian legislation related to the entry of persons or the importation of goods into Canada applies to travellers and goods in preclearance areas and perimeters located in the U.S.

The objective of this proposal is to develop the necessary regulatory framework to operationalize the required immigration provisions under Part 2 of the PCA, 2016 so that the CBSA can legally establish a proof of concept pilot operation at a Canada – US joint border facility.

Failure to enact the proposed regulations would result in the CBSA not being able to offer the full range of services intended under preclearance. For example, the CBSA would not be authorized to make all admissibility decisions concerning goods and people in preclearance as it is currently able to do in Canada. Without the proposed regulations, preclearance under Part 2 of the Act will not fully meet its intended objectives.

Regulatory cooperation efforts (domestic and international)

The LRMA is fully reciprocal and enables preclearance to be established in either country, in all modes. Article IX of the LRMA outlines joint commitments of both parties and Article XIII outlines a reciprocity obligation on both parties.

Potential impacts on Canadians, including businesses

There are little to no anticipated impacts on Canadians, including businesses. The preclearance proof-of-concept would co-locate an existing port of entry to a U.S. Customs and Border Protection facility on the neighbouring U.S. side of the border.

Consultations

The proposed regulatory changes address the legislative and regulatory issues that result from preclearance being applied outside Canada.

There has been significant and wide-spread consultation with Other Government Departments throughout the development of the regulatory options to identify any impacts, and there are continued consultations as policy is developed to support Canadian preclearance in the U.S.

Consultations with Government of Canada stakeholders on potential regulatory issues as a result of preclearance took place between January 2018 and June 2019. In addition, Government of Canada stakeholders were consulted prior to drafting the Preclearance Act, 2016, to ensure their programs’ compatibility with the policy objectives sought through preclearance.

The CBSA has engaged non-government stakeholders on a limited basis due to confidentiality requirements.

The CBSA plans to increase general and targeted engagement with stakeholders through the regulatory process, in advance of the regulations coming into force.

Further Information

Agreement on Land, Rail, Marine, and Air Transport Preclearance between the Government of Canada and the Government of the United States of America

Contact Information

Alyssa Herage
Director, Program and Policy Management, Traveller Programs
Canada Border Services Agency
Alyssa.Herage@cbsa.asfc.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

N/A

Preclearance Regulations

Enabling Act

Immigration and Refugee Protection Act (IRPA)

Description

The 2017 government response to the Senate Standing Committee on National Security and Defense Report entitled “Vigilance, Accountability and Security at Canada's Border”, committed the CBSA to explore policy options to enhance the efficiency of the inadmissibility determination process. The response also committed the Agency to undertake a review of officer authorities to render inadmissibility decisions and issue removal orders without the need for an admissibility hearing before the Immigration Division of the IRB in certain circumstances. As a result, regulatory amendments are being considered to streamline the inadmissibility decision-making process by transferring more authorities from the Immigration Division to the Minister's Delegate.

Section 19 of the Immigration and Refugee Protection Regulations (IRPR) specifies the prescribed Acts of Parliament under which an offence must occur for a foreign national to be found inadmissible for committing an offence on entry to Canada pursuant to paragraph 36(2)(d) of the Immigration and Refugee Protection Act (IRPA). Regulatory changes are being considered to transfer authority to issue removal orders for certain criminal offences committed at Canada’s ports of entry from the Immigration Division to the Minister’s Delegate. These changes would strengthen the transborder criminal inadmissibility framework and streamline the inadmissibility determination process, resulting faster more efficient removals.

To the extent that Minister’s Delegates can resolve additional relatively straightforward inadmissibility cases at ports of entry, rather than having to physically refer them into Canada for admissibility hearings and subsequent removal, this approach could also support Canada’s efforts to protect public health. On March 11, 2020, the World Health Organization (WHO) declared coronavirus disease 2019 (COVID-19) a pandemic, indicating that there is an outbreak of a communicable disease in the majority of foreign countries. Various border restrictions have since been implemented, along with requirements for mandatory self-isolation and quarantine by individuals who are entering Canada from other countries.

Regulatory cooperation efforts (domestic and international)

Regulatory cooperation efforts do not apply. This proposal only applies to foreign nationals determined to be inadmissible to Canada.

Potential impacts on Canadians, including businesses

There are no expected impacts on Canadians or businesses. This proposal only applies to foreign nationals who commit an offence on entering Canada.

Consultations

Public and stakeholder consultations on the proposed regulatory amendments will be undertaken in the 2020-21 fiscal year via the Consulting with Canadians website as well as the Canada Border Services Agency website.

Further Information

Immigration and Refugee Protection Act
Immigration and Refugee Protection Regulations
Senate Report: Vigilance, Accountability and Security at Canada’s Borders (PDF)

Contact Information

Jeff Robertson
Manager
Inadmissibility Policy Unit
Canada Border Services Agency
Tel: 613-946-3996
Jeff.Robertson@cbsa-asfc.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2018-04-01



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