Forward Regulatory Plan: to
Table of contents
- Regulations made under the Customs Act
- Amendment to the Valuation for Duty Regulations
- Amendments to the Returning Persons Exemption Regulations and Accounting for Imported Goods and Payment of Duties Regulations
- Advance Electronic Data for Goods Imported via the Courier Low Value Shipment Program
- Drafting and Amending Regulations Pertaining to the Governance of Passenger Name Record (PNR) Data
- Exemptions to Baggage Delivery Requirements in the Customs Act
- Free Trade Agreement Regulatory Amendments
- Regulations amending Certain Regulations Made Under the Customs Act
- Regulations amending Certain Regulations Made Under the Customs Act, the Immigration and Refugee Protection Regulations and the Cross-Border Currency and Monetary Instruments Reporting Regulations
- Regulatory Amendments Consequent to the Conveyance Presentation and Reporting Requirements Modernization Act
- Review of the Customs Sufferance Warehouses Regulations
- Regulations made under the Immigration and Refugee Protection Act
- Amendments to Stay of Removal Regulations
- Enabling Free-Flow International to International Transit
- Immigration and Refugee Protection Regulations (Transporter Negligence)
- Immigration Detention Considerations and Victims of Gender-Based Violence
- Mandating Advance Passenger Information and Air Exit Information from Non-Commercial Air Operators
- Review of Regulatory Framework Applicable to Applications for “Ministerial Relief”
- Review of Regulatory Framework Applicable to the Definition of “Senior Official”
- Stay of Removals for Victims and Survivors of Gender-Based Violence
- Transporter Obligations (Administration Fee Exemption)
Regulations made under the Customs Act
Amendment to the Valuation for Duty Regulations
| Enabling Act | |
|---|---|
| Description |
The existing legislative and regulatory framework that governs the methods of determining the value for duty of imported goods in Canada does not currently reflect the modernized business practices that have evolved with the growth of e-commerce and shifting business models of globalized trade. Businesses have adapted faster than the Government of Canada could update its regulations to the evolving landscape of e-commerce, allowing non-resident importers that ship goods to Canada to adapt and gain competitive advantage over Canadian businesses as they are able to use a lower sale price for determining the value for duty for imported goods. This advantage also results in lost duty and tax revenues to the Government of Canada and creates misalignment with international obligations regarding customs valuation methods. The proposed regulatory amendments would clarify which sale is to be used for calculating the duty on imported goods by defining the term “sold for export to Canada” and amending the definition of the term “purchaser in Canada”. These amendments are being pursued to align with international obligations, protect Canadian importers’ ability to compete on a level playing field with non-resident importers, provide greater certainty and predictability for the importing community, and give the CBSA the authority to enforce the collection of the correct amount of revenue from import duties owed to the Government of Canada. |
| Regulatory cooperation efforts (domestic and international) |
This initiative is not subject to a regulatory cooperation work plan. |
| Potential impacts on Canadians, including businesses |
Potential impacts on Canadians, governments, and resident businesses are being assessed as part of the overall review of the proposed changes. |
| Consultations |
Public consultations on the proposed regulations were pre-published in the Canada Gazette, Part I from to : Canada Gazette, Part 1, Volume 157, Number 21: Regulations Amending the Valuation for Duty Regulations Due to the volume of comments received during the 2023 public consultation period, the CBSA launched an informal public consultation on , on the updated proposed regulations in advance of returning to the Canada Gazette, Part I. We are currently reviewing the feedback received through this informal consultation and plan to republish the proposed regulations in the Canada Gazette, Part I, for an additional round of public consultation in fall 2026. |
| Further information | |
| Contact information |
Meda-Cristina Horacsek |
| Date the regulatory initiative was first included in the Forward Regulatory Plan |
Amendments to the Returning Persons Exemption Regulations and Accounting for Imported Goods and Payment of Duties Regulations
| Enabling Act | |
|---|---|
| Description |
The purpose of the proposal is to:
Amendments are required to the following regulations:
The Customs Act requires that all persons arriving in Canada report imported goods to the CBSA (section 12). Currently, regulation requires returning residents who are within their personal exemption limits to report the total aggregate value of their imported goods in Canadian dollars (e.g., CAD $765). To create efficiencies in the border crossing experience and improve traveller facilitation, the CBSA is seeking to create flexibility in this requirement. Specifically, regulatory amendments would allow returning residents who present by telecommunications, such as a Primary Inspection Kiosk, Electronic Gate, or mobile application, to identify (e.g., by selecting a checkbox on a digital declaration) if the total Canadian dollar value of their imported goods is within their personal exemption limit, based on the duration of their absence from Canada. Effectively, returning residents meeting the circumstances within the regulations would not need to specify the exact dollars and cents value of the imported goods for which they are seeking to claim a personal duty/tax exemption. When reporting imported goods to which a personal exemption has been claimed in this circumstance, travellers would be exempt from the requirement to account for these goods. The proposed changes are part of the CBSA’s Traveller Modernization initiative and form part of the CBSA’s red tape reduction efforts. The initiative was included in the Agency’s September Red Tape Progress Report under “Traveller Modernization”. |
| 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. |
| Potential impacts on Canadians, including businesses |
There are no expected costs on Canadian businesses. |
| Consultations |
Consultation will be conducted through the Consulting with Canadians website. |
| Further information | CBSA Red Tape Progress Report: Traveller Modernization |
| Contact information |
Charlene Larose |
| Date the regulatory initiative was first included in the Forward Regulatory Plan |
2021-04-01 |
Advance Electronic Data for Goods Imported via the Courier Low Value Shipment Program
| Enabling 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 Canada Border Services Agency (CBSA) currently lacks the ability to require and enforce the submission of advance electronic data (AED) for goods imported into Canada through the Courier Low Value Shipment (CLVS) Program. The CBSA's reliance on third-party courier systems has limited the Agency's capacity to complete pre-arrival risk assessments on these goods to identify, mitigate and interdict health, safety and security threats while ensuring the efficient release of goods coming into Canada. To address this issue, the CBSA is proposing regulatory changes to mandate the submission of AED for goods imported into Canada via the CLVS Program. The proposed approach will support the implementation of a new risk management framework, increase supply chain visibility, facilitate legitimate trade and enhance the Agency's ability to interdict high-risk goods before they can enter the market. The regulatory changes will also allow for the development of a penalty regime to strengthen CLVS Program integrity and compliance with Canada's customs and trade laws. |
| Regulatory cooperation efforts (domestic and international) |
By mandating electronic advance data requirements for the CLVS Program, 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, eliminating manual processing, while permitting more effective detection of firearms, illicit drugs, and other threats in CLVS. |
| Consultations |
Further consultation with industry and trade is required. |
| Further information | |
| Contact information |
Meda-Cristina Horacsek |
| Date the regulatory initiative was first included in the Forward Regulatory Plan |
2020-12-08 |
Drafting and Amending Regulations Pertaining to the Governance of Passenger Name Record (PNR) Data
| Enabling Act | |
|---|---|
| Description |
The CBSA is pursuing regulatory amendments to simplify the advanced passenger/traveller data framework that outlines the collection, use, retention, sharing and disposal of traveller information. This will involve removing duplicate regulations under the Immigration and Refugee Protection Act and consolidating them under one legislative act, the Customs Act. This is being done to ratify the Agreement between Canada and the European Union on the transfer and processing of passenger name record data (“the Agreement”). This treaty includes new and altered commitments related to the transfer, use, retention, and disclosure of PNR data received from air carriers for flights departing from or transiting through the EU to Canada. As part of this proposal, the CBSA intends to repeal the Protection of Passenger Information Regulations (PPIR), and section 269 of the Immigration and Refugee Protection Regulations (IRPR). The regulatory frameworks contained within these provisions would then be integrated into a modified Passenger Information (Customs) Regulations (PICR). Other proposed consequential regulatory amendments to the PICR would include, but are not limited to:
The initiative forms one part of the CBSA’s red tape reduction efforts and is identified in the Agency’s September Red Tape Progress Report as “Passenger Name Record and Booking Reference Information”. However, at this time, the CBSA (and the commercial air industry) are only in the position to advance PNR data. The commercial marine industry is currently not prepared to implement Booking Reference Information (BRI) collection, and the CBSA is currently unable to receive or process this data. |
| Regulatory cooperation efforts (domestic and international) |
This regulatory proposal is required to implement the Agreement. The implementation of the proposed Agreement will bring Canada in line with both international standards and key security partners in regards to leveraging PNR data to combat serious transnational crime and terrorism. |
| Potential impacts on Canadians, including businesses |
External stakeholders within the commercial air industry would be implicated in the proposed regulatory amendments. The CBSA will work with air carriers to support compliance with the new regulatory requirements. |
| Consultations |
The intention is to publish the regulatory proposal via the Canada Gazette (I and II) processes. At this time, there continues to be ongoing industry consultations, as well as consultations with the Office of the Privacy Commissioner. |
| Further information |
Advance Passenger Information / Passenger Name Record Data Canada and the European Union sign agreement to enhance border security CBSA Red Tape Progress Report: Passenger Name Record and Booking Reference Information |
| Contact information |
Charlene Larose |
| Date the regulatory initiative was first included in the Forward Regulatory Plan |
Exemptions to Baggage Delivery Requirements in the Customs Act
| Enabling Act | |
|---|---|
| Description |
This proposal seeks to establish new regulations that set exemptions from the Customs Act’s legislative baggage delivery requirement for commercial air carriers when delivering baggage in specified circumstances. In these instances, the proposed new regulations would specify when baggage may be transported to a location other than an international baggage area designated by the President of the Canada Border Services Agency (CBSA) and, instead, may be delivered to a location specified by a border services officer. The proposed new regulations would also establish that specified conditions that must be met in order for a commercial air carrier to be exempt from delivering baggage to a location other than the international baggage area in a prescribed circumstance. These changes would formalize existing alternate baggage delivery programs currently operated by commercial air carriers and the CBSA. Additionally, the Designated Provisions (Customs) Regulations would be amended to designate the new legislative and regulatory provisions that impose requirements for baggage delivery as well as for the exemptions from this obligation. This would ensure that the Agency can issue Administrative Monetary Penalties for non-compliance with the new requirements. As part of the Traveller Modernization initiative, amendments were made to the Customs Act via the Budget Implementation Act, 2023, No. 1, to establish new baggage delivery requirements for commercial air carriers. Recognizing that the Agency operates a number of alternate baggage delivery programs, where traveller baggage is permitted to be transported to an area other than a designated international baggage area, the legislative requirement is subject to regulations that prescribe exemptions to it. Accordingly, the Customs Act amendments established authority for the Governor in Council to make regulations respecting exemptions from this requirement, which would serve as the enabling authority for this regulatory proposal. |
| 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. |
| Potential impacts on Canadians, including businesses |
This regulatory proposal would impact commercial air carriers, who are businesses, however it is not expected to result in new incremental costs, since the regulations would formalize existing alternate baggage delivery programs and would not require a change to their current operational processes. |
| Consultations |
A high-level overview of the regulatory proposal was presented to commercial air carriers at an Air Consultative Committee meeting in October 2023, where reactions were neutral. There was no positive or negative feedback received in relation to this item. Moreover, all implicated stakeholders were made aware of the CBSA’s plans to regulate exemptions to the overarching baggage delivery requirements via the Parliamentary process for the Budget Implementation Act, 2023, No. 1. The CBSA is planning to consult commercial air carriers on the regulatory proposal in 2026, including the establishment of penalties for contraventions of the baggage delivery requirements, prior to prepublication. |
| Further information | |
| Contact information |
Charlene Larose |
| Date the regulatory initiative was first included in the Forward Regulatory Plan |
Free Trade Agreement Regulatory Amendments
| Enabling Act | |
|---|---|
| Description |
Amendments to existing regulations, as well as the implementation of new regulations related to verification of origin procedures, made pursuant to the Customs Act, are necessary to enforce the following Free Trade Agreements:
These regulations would codify into Canadian law the commitments related to customs procedures that have been negotiated in each agreement. The initiative forms part of the CBSA’s red tape reduction efforts and as identified in the Agency’s September 2025 Red Tape Progress Report as “Canada’s Free Trade Agreements”. |
| Regulatory cooperation efforts (domestic and international) |
The regulatory amendments and new regulations will align customs procedures agreed to by the participating countries of each free trade agreement. |
| Potential impacts on Canadians, including businesses |
The CBSA has been administering the provisions of each agreement through the use of Customs Notices since the date of their implementation on:
The proposed regulatory initiative does not introduce new business impacts on Canadian importers, exporters or producers. |
| Consultations | As the regulations would codify into Canadian law the customs procedures agreed to in each free trade agreement and which have been administered through Customs Notices since each agreement was implemented, no consultations were undertaken. |
| Further information |
Customs Notice 17-25 (CUFTA 2017) Canada-Israel Free Trade Agreement Amending Protocol 2018 CBSA Red Tape Progress Report: Canada’s Free Trade Agreements |
| Contact information |
Meda-Cristina Horacsek |
| Date the regulatory initiative was first included in the Forward Regulatory Plan |
April 2015 (CKFTA) |
Regulations Amending Certain Regulations Made Under the Customs Act
| Enabling Act | |
|---|---|
| Description |
In , the Standing Joint Committee for the Scrutiny of Regulations (SJCSR) and the Department of Justice provided the Canada Border Services Agency (CBSA) with recommendations to improve the clarity and coherence of the Presentation of Persons () Regulations (POPR), which regulate the CBSA's Trusted Traveller Programs (TTPs). Currently, “good character” is one of the criteria used in the POPR to determine eligibility for membership in the CBSA's TTPs, though it is not defined. To improve the clarity and consistency of CBSA officers' decision-making process, the term “good character” will be repealed within the POPR and replaced with prescribed program eligibility criteria. In addition, the CBSA has proposed amendments to the POPR, with accompanying consequential amendments to the Reporting of Imported Goods Regulations, Returning Persons Exemption Regulations and Accounting for Imported Goods and Payment of Duties Regulations aimed at improving and enhancing the Agency's administration of its TTPs. These include:
The initiative forms part of the CBSA’s red tape reduction efforts and is identified in the Agency’s September 2025 Red Tape Progress Report as “Improvements to CBSA's Trusted Traveller Programs”. |
| Regulatory cooperation efforts (domestic and international) |
This initiative is not subject to a regulatory cooperation work plan. However, our the CBSA's bi-national TTPs (NEXUS and FAST) operate in coordination with the United States and as a result, require similar regulations. |
| Potential impacts on Canadians, including businesses |
There are no negative impacts on Canadians or businesses, with only minor costs to the government expected. |
| Consultations |
In November 2012, the public was first consulted on the following amendments to be made to the regulations:
In November 2012, the public was first consulted by way of the “Consulting with Canadians” website on the potential amendments on the grounds for the suspension or cancellation of a TTP membership. Very few comments and questions specific to the proposed modifications were received with no expressed support or opposition. Between December 2014 and January 2015, the CBSA undertook a consultation process on the following changes:
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 websites. In response to this consultation period, approximately forty comments were received from stakeholders and TTP members. Of the comments received, roughly half were related to the regulatory amendments and were neutral or supportive of the changes, with most seeking clarification on the definition of terms such as biometrics and commercial goods. In July 2016, the CBSA conducted a third round of consultation, which invited over 1,000,000 TTP members to provide feedback by email on the following proposed amendments to the POPR:
The CBSA received over 4,000 responses, with a majority (over 90%) expressing support for the proposed amendments or for efforts to strengthen the integrity of TTPs more generally. |
| Further information |
Evaluation of the Trusted Traveler Programs (Air, Land, Marine) CBSA Red Tape Progress Report: Improvements to CBSA's Trusted Traveller Programs |
| Contact information |
Charlene Larose |
| Date the regulatory initiative was first included in the Forward Regulatory Plan |
Regulations Amending Certain Regulations Made Under the Customs Act, the Immigration and Refugee Protection Regulations and the Cross-Border Currency and Monetary Instruments Reporting Regulations
| Enabling Acts | |
|---|---|
| Description |
The CBSA has proposed amendments to the Presentation of Persons () Regulations, Reporting of Imported Goods Regulations, Returning Persons Exemption Regulations, Accounting for Imported Goods and Payment of Duties Regulations, Immigration and Refugee Protection Regulations and the Designated Provisions (Customs) Regulations aimed at preparing for the launch of the Traveller Modernization initiative. The regulatory proposal includes amendments, which have been grouped thematically to ensure clarity of outcomes and objectives:
The proposed changes are part of the CBSA’s Traveller Modernization initiative and form part of the CBSA’s red tape reduction efforts. The initiative was included in the Agency’s September Red Tape Progress Report under “Traveller Modernization”. |
| Regulatory cooperation efforts (domestic and international) |
This initiative is not subject to a regulatory cooperation work plan. However, the CBSA's bi-national Trusted Traveller programs (NEXUS and FAST) operate in coordination with the United States and as a result. |
| Potential impacts on Canadians, including businesses |
There are no negative impacts expected on Canadians, governments, or businesses and there are not expected to be any quantifiable costs. |
| Consultations |
The CBSA has yet to consult stakeholders on the proposed amendments to establish a new framework for prescribed classes of persons who may be issued an authorization (i.e., Trusted Traveller Program membership) or the proposed amendments to the framework for authorizations to present in an alternative manner. As these changes are consequential to legislative amendments, necessary to ensure the continued administration of Trusted Traveller Programs through regulations, and would have no practical impact on existing or prospective program members, the CBSA has decided to have prepublication serve as the primary consultation mechanism. Regarding the amendments that would clarify the authority for private and corporate aircraft operators to provide information on imported goods orally in advance of arrival in Canada, the CBSA intends to consult impacted stakeholders as part of prepublication. Since the amendments would formalize the Agency's current policies and practices concerning the reporting of imported goods and would not result in an incremental change for impacted stakeholders, the CBSA determined that advance consultation on this proposed amendment would not be required. Finally, with respect to the amendments to designate provisions of the Customs Act for the purpose of subsection 109.1(1) of the Act, prepublication would serve as the primary mechanism for consultation. As these changes would only impact the public if an individual is non-compliant with the designated provisions, the CBSA determined that advance consultation would not be required on this item. |
| Further information | |
| Contact information |
Charlene Larose |
| Date the regulatory initiative was first included in the Forward Regulatory Plan |
Regulatory Amendments Consequent to the Conveyance Presentation and Reporting Requirements Modernization Act
| Enabling Acts |
Customs Act |
|---|---|
| Description |
The purpose of the proposal is to:
Amendments are being propoesd to the following 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. The Conveyance Presentation and Reporting Requirements Modernization Act, which received Royal Assent in 2017, amended the Customs Act and the Immigration and Refugee Protection Act to align with existing CBSA practices by relieving presentation, goods reporting, and examination requirements 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. This proposal also seeks to amend the Presentation of Persons () Regulations, Reporting of Imported Goods Regulations, and Cross-border Currency and Monetary Instruments Reporting Regulations to formalize a process that has been in place since that requires persons on board a cruise ship to present themselves and report imported goods, currency or monetary instruments at the First Port of Arrival in Canada, regardless of whether they disembark. Since inland ports (i.e., a subsequent port of call on an itinerary after the first port of arrival) are not staffed or equipped to process a cruise ship, the FPOA process streamlines border clearance for both persons on board the cruise ship and the CBSA by ensuring processing takes place at the first port at which the cruise ship arrives in Canada. The initiative forms part of the CBSA’s red tape reduction efforts and is identified in the Agency’s September Red Tape Progress Report as “Simplified Reporting for Cruise Ships and other Conveyances”. |
| 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, which do not require persons who make an incidental border crossing to report themselves to US Customs and Border Protection. |
| Potential impacts on Canadians, including businesses |
There are no expected costs on Canadian businesses. |
| Consultations |
During development of the Conveyance Presentation and Reporting Requirements Modernization Act, the CBSA consulted with partners including: Private Boaters, the Cruise Lines International Association (CLIA), the Thousand Islands International Tourism Council, and the Shipping Federation of Canada (SFC). Responses from stakeholders ranged from positive to neutral. No feedback was received from private boaters upon announcement of the exemption during the summer boating season and no complaints have been received from the partners in subsequent years. From to , the CBSA consulted with cruise ship industry partners (CLIA, SFC, and several cruise lines) throughout implementation of the First Port of Arrival process. As part of a post-implementation review, overwhelming support was expressed by industry for this initiative. |
| Further information |
CBSA Red Tape Progress Report: Simplified Reporting for Cruise Ships and other Conveyances |
| Contact information |
Charlene Larose |
| Date the regulatory initiative was first included in the Forward Regulatory Plan |
Review of the Customs Sufferance Warehouses Regulations
| Enabling Acts | |
|---|---|
| Description |
The Customs Sufferance Warehouses Regulations were last amended in 2024 to reflect requirements for posting electronic financial security under the Financial Security (Electronic Means) Regulations. Given the evolving global trade environment and increasing significance and attention on international supply chains, the CBSA is seeking to amend the regulations to reflect and respond to modern industry and operational realities. Specifically, regulatory amendments are being sought to provide greater clarity on the requirements and processes involved in acknowledging the arrival of in-bond, unreleased goods in sufferance warehouses to the CBSA, and to afford the CBSA more oversight and regulatory support in reviewing licensee compliance. Opportunities will be explored to:
A review of the regulations will provide the CBSA the opportunity to strengthen its regulatory base to impose penalties or corrective measures on non-compliant sufferance warehouse operators. The initiative forms part of the CBSA’s red tape reduction efforts and is identified in the Agency’s September 2025 Red Tape Progress Report as “Customs Sufferance Warehouses Regulations: Receipt and Refusal of Goods”. |
| Regulatory cooperation efforts (domestic and international) |
This initiative is not subject to a regulatory cooperation work plan. |
| Potential impacts on Canadians, including businesses |
The regulatory review and the resultant changes may have impacts on the following groups in the supply chain:
|
| Consultations |
The CBSA will engage industry throughout the review, leveraging existing channels such as the Border Commercial Consultative Committee. |
| Further information | |
| Contact information |
Meda-Cristina Horacsek |
| Date the regulatory initiative was first included in the Forward Regulatory Plan |
Regulations made under the Immigration and Refugee Protection Act
Amendments to Stay of Removal Regulations
| Enabling Act | |
|---|---|
| Description | A regulatory review of the stay of removal regulations is underway with a particular focus on the public policy considerations. Amendments to the Immigration and Refugee Protection Regulations (IRPR) are being proposed to clarify that responsibility for stays of removal are aligned with the enforcement mandate under the Immigration and Refugee Protection Act (IRPA). |
| 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. |
| Consultations |
Online public consultations were held from August 24 to . The proposed amended regulations are planned to be pre-published in the Canada Gazette Part I in 2026. |
| Further information | |
| Contact information |
Christy Hitchcock |
| Date the regulatory initiative was first included in the Forward Regulatory Plan |
2020-12-08 |
Enabling Free-Flow International to International Transit
| Enabling Acts | |
|---|---|
| Description |
The purpose of this proposal is to:
Amendments are required to the following regulations:
In 2018, the CBSA launched the International to International (ITI) transit program, whereby ITI travellers transiting internationally proceed directly from their flight to the international departures area, pausing only to scan their passport at a kiosk. These travellers then remain in the international departures area prior to boarding their international flight. The ITI program currently operates in accordance with section 18 of the Immigration and Refugee Protection Act, which requires that every person seeking to enter Canada appear for an examination. The proposed regulatory amendments are required to establish that ITI travellers are not seeking to enter Canada. This would allow the CBSA to authorize free-flow international to international transit, where transiting travellers would not be required to scan their passport at an ITI kiosk. In support of this amendment, the CBSA would add a definition for a designated holding area in the Immigration and Refugee Protection Regulations. Additionally, to improve the CBSA's ability to conduct compliance verification with the ITI program, regulatory amendments are required to 1) mandate the provision of in-transit status from commercial air carriers, including the travellers' place/port of onward foreign destination (as well as the date and time) and 2) mandate provision of an outbound flight's first point of foreign disembarkation (as well as the date and time). This information would be used to reconcile a transiting traveller's inbound Advance Passenger Information with their outbound Air Exit Information. The initiative forms part of the CBSA’s red tape reduction efforts and was included in the Agency’s September 2025 Red Tape Report under “Free-Flow International-to-International Transit”. |
| 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 United States' Advance Passenger Information and Air Exit Information requirements. |
| Potential impacts on Canadians, including businesses |
This proposal will have minor impacts on the air industry. While airport authorities would be required to decommission the existing ITI kiosks, it is expected that minor cost savings would be realized since airport authorities would no longer incur costs associated with the maintenance and use of the kiosk. The existing kiosks could be repurposed by airport authorities for other uses (e.g., as Primary Inspections Kiosks). Although the amendments to the Passenger Information (Customs) Regulations would impose a requirement on commercial air carriers to provide new data elements (i.e., in-transit status and place/port of onward foreign destination), this is not expected to have a negative impact on stakeholders in practice. This is because many commercial air carriers currently provide this information to the CBSA when submitting the data via the internationally recognized PAXLST message structure, as they are required data elements in the Agency’s Carrier Messaging Requirements document, which is incorporated by reference into existing customs and immigration regulations. |
| Consultations |
While no proactive consultations have occurred with travellers, the CBSA has engaged air industry partners, on this proposal at Transit and Connectivity Working Group meetings in and , where it was positively received by stakeholders. The CBSA consulted air industry partners on the regulatory proposal via email in and feedback from the sample of commercial air carriers, airport authorities, and federal partners was overwhelmingly positive. No concerns were raised as part of this consultation by the sample of small, medium, and large commercial air carriers with the potential cost associated with modifying IT systems to submit new Advance Passenger Information data elements. The consulted airport authorities also did not indicate that the regulatory proposal would present a moderate or significant cost. Social media, including Facebook and Twitter, will be leveraged to provide information about the new International to International transit process. Additionally, the CBSA external website will be updated to reflect the program changes. |
| Further information |
CBSA Red Tape Progress Report: Free-Flow International-to-International Transit |
| Contact information |
Charlene Larose |
| Date the regulatory initiative was first included in the Forward Regulatory Plan |
2021-04-01 |
Immigration and Refugee Protection Regulations (Transporter Negligence)
| Enabling Act | |
|---|---|
| Description |
In April 2018, the Canada Border Services Agency (CBSA) received correspondence from the Standing Joint Committee for the Scrutiny of Regulations (SJCSR) outlining concerns with the use of the term “negligence” in paragraph 263(2)(a) of the Immigration and Refugee Protection Regulations (IRPR). The objective of this regulatory proposal is to review paragraph 263(2)(a) of the IRPR in light of the concerns raised by the SJCSR. |
| 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 substantive impacts envisioned on Canadians, travelers, governments, or businesses. |
| Consultations |
Consultations have not yet been undertaken with stakeholders. |
| Further information |
No additional risks or considerations have been identified. |
| Contact information |
Christy Hitchcock |
| Date the regulatory initiative was first included in the Forward Regulatory Plan |
2021-04-01 |
Immigration Detention Considerations and Victims of Gender-Based Violence
| Enabling Act | |
|---|---|
| Description |
Currently, prescribed factors related to detention under section 248 of the Immigration and Refugee Protection Regulations (IRPR) do not explicitly include considerations related to victims, survivors and those at risk of Gender-based Violence (GBV). The regulations will be reviewed in this context. Funded in Budget 2019, this work supports the commitment made under the Government of Canada’s National Strategy to Combat Human Trafficking to review the Immigration and Refugee Protection Act (IRPA) and Regulations to account for specific considerations related to victims, survivors and those at risk of GBV to prevent re-traumatizing victims inadvertently. Potential amendments also support the Government of Canada’s commitments related to GBV as outlined in Budget 2025, the National Action Plan to End GBV, and Federal 2SLGBQTI Action Plan. |
| Regulatory cooperation efforts (domestic and international) |
Regulatory cooperation efforts do not apply. The potential changes would only apply to foreign nationals and permanent residents eligible for detention for restricted circumstances under the IRPA. |
| Potential impacts on Canadians, including businesses |
The Government will face minor costs to implement this proposal. There are no expected impacts envisioned on Canadians or businesses. |
| Consultations |
The CBSA initiated engagement with impacted stakeholders in January 2026 through an email sent to 10 organizations including non-governmental organizations and legal and professional associations. Comments were received from three organizations. In brief, all three organizations supported the proposed changes to the regulations which would expand immigration detention considerations to include GBV. |
| Further information |
Immigration and Refugee Protection Regulations National Action Plan to Combat Human Trafficking The National Action Plan to End Gender-Based Violence Gender-Based Violence- Women and Gender Equality Canada |
| Contact information |
Carolyn Keeler |
| Date the regulatory initiative was first included in the Forward Regulatory Plan |
2022-02-15 |
Mandating Advance Passenger Information and Air Exit Information from Non-Commercial Air Operators
| Enabling Acts | |
|---|---|
| Description |
The purpose of the proposal is to:
Amendments are required to the following regulations:
Currently, the CBSA only requires API and Air Exit Information from commercial air carriers. To improve Canada’s public safety posture and create consistent requirements for air travel, the CBSA is pursuing regulatory amendments that would mandate the collection of API and Air Exit information from non-commercial air operators. The collection of API is authorized by subsection 107.1(1) of the Customs Act, while the collection of Air Exit information is authorized by sections 92 and 93 of the Customs Act. Furthermore, to limit duplication and ensure alignment between regulatory requirements, the CBSA will pursue consequential amendments to existing regulations that impose requirements on authorized private and corporate air operators and operators of non-commercial air passenger conveyances to provide the CBSA with advance information and any updates to it. |
| 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 better align with United States API and Air Exit requirements. |
| Potential impacts on Canadians, including businesses |
The proposed regulatory amendments will impact non-commercial air operators as they will impose a new administrative burden on their business processes. The CBSA will work collaboratively with these stakeholders to mitigate potential adverse impacts and leverage technological means to satisfy the proposed requirements in order to reduce inefficiencies. It is not anticipated that the proposed regulatory amendments will impact international trade or the import / export of commercial goods. |
| Consultations |
Consultation will be conducted through the Consulting with Canadians website. In addition, the CBSA will engage the established General Aviation Working Group to consult non-commercial air industry stakeholders on this proposal. Social media, including Facebook and Twitter, will be leveraged to provide information about the new requirements for non-commercial air operators to provide API and Air Exit Information. Additionally, the CBSA external website will be updated to reflect the program changes. |
| Further information |
Not applicable |
| Contact information |
Charlene Larose |
| Date the regulatory initiative was first included in the Forward Regulatory Plan |
2022-04-01 |
Review of Regulatory Framework Applicable to Applications for “Ministerial Relief”
| Enabling Act | |
|---|---|
| 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, establishes when an applicant may apply, and outlines application closure parameters. A post-implementation review of this regulatory framework was conducted and identified additional potential amendments to address gaps, and ensure continued alignment with other relevant legislative provisions. Potential administrative amendments were also identified to bring information required for Ministerial relief applications under one provision. |
| 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 |
Online public consultations were held in and closed in . The proposed regulations were pre-published in the Canada Gazette, Part I on for a 30 day public consultation period. The consultation period for the proposed regulations is closed and submitted comments can be viewed online. |
| Further information | |
| Contact information |
Carolyn Keeler |
| Date the regulatory initiative was first included in the Forward Regulatory Plan |
Review of Regulatory Framework Applicable to the Definition of “Senior Official”
| Enabling Act | |
|---|---|
| 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 the cabinet or governing council; senior members of the public service, military and intelligence and internal security services; and the judiciary. 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 in -. |
| Further information | |
| Contact information |
Jeff Robertson |
| Date the regulatory initiative was first included in the Forward Regulatory Plan |
Stay of Removals for Victims and Survivors of Gender-Based Violence
| Enabling Act | |
|---|---|
| Description |
Currently, the Stay of Removal framework in the Immigration and Refugee Protection Regulations (IRPR) does not explicitly include considerations related to victims and survivors of Gender-based Violence (GBV). The CBSA is exploring the possibility of creating a stay of removal that would take into consideration of GBV factors before a removal order comes into force. Funded in Budget 2019, this work supports the commitment made under the Government of Canada’s National Strategy to Combat Human Trafficking to review the Immigration and Refugee Protection Act (IRPA) and Regulations to account for specific considerations related to victims and survivors of GBV to prevent re-traumatizing victims inadvertently. Potential amendments also support the Government of Canada’s commitments related to GBV as outlined in Budget 2025, the National Action Plan to End GBV, and Federal 2SLGBQTI Action Plan. |
| Regulatory cooperation efforts (domestic and international) |
Regulatory cooperation efforts do not apply. The potential changes would only apply to foreign nationals and permanent residents who can be subjected to a removal order as per the IRPA. |
| Potential impacts on Canadians, including businesses |
The Government may face minor costs to implement this proposal. There are no expected impacts envisioned on Canadians or businesses. |
| Consultations |
Consultations are expected to be undertaken during the to fiscal year. The following stakeholders will be consulted:
|
| Further information |
Immigration and Refugee Protection Regulations National Action Plan to Combat Human Trafficking National Action Plan to End Gender-Based Violence Gender-Based Violence- Women and Gender Equality Canada |
| Contact information |
Carolyn Keeler |
| Date the regulatory initiative was first included in the Forward Regulatory Plan |
Transporter Obligations (Administration Fee Exemption)
| Enabling Act | |
|---|---|
| Description |
The proposal would ensure that the relevant CBSA regulations, such as those that outline obligations for transporters, remain consistent and do not unfairly affect transporters' obligations due to the lack of physical Temporary Resident Visa counterfoils following the introduction of the digital visa by Immigration, Refugees and Citizenship Canada. Without an amendment, the CBSA could face situations where they must assess an administration fee against transporters when a Government of Canada system has not transmitted a 'no board' message for an individual who is improperly documented. This would create a situation where the transporter is responsible for a fee in circumstances that are outside of their control. This regulatory amendment would mirror existing provisions for Electronic Travel Authorizations and apply those to the future implementation of digital visas. In this way, the amendment would reduce red tape for transportation companies and the CBSA. This initiative forms part of the CBSA’s red tape reduction efforts and is identified in the Agency’s September 2025 Red Tape Progress Report as “Transporter Obligations”. |
| Regulatory cooperation efforts (domestic and international) |
N/A |
| Potential impacts on Canadians, including businesses |
The proposal would ensure that the relevant CBSA regulations, such as those that outline obligations for commercial transporters, remain consistent and do not unfairly affect transporters' obligations due to the lack of physical Temporary Resident Visa counterfoils following the future introduction of the digital visa by Immigration, Refugees and Citizenship Canada. In addition, the amendments would eliminate negative consequences for transporters in situations beyond their control, such as government systems outages thereby reducing burden on business. |
| Consultations |
Consultations with affected stakeholders to follow. |
| Further information | |
| Contact information |
Christy Hitchcock |
| Date the regulatory initiative was first included in the Forward Regulatory Plan |
Related links
- Government-Wide Regulatory Plans and Reports
- Red Tape Review
- CBSA Red Tape Progress Report
- Canada-United States Regulatory Cooperation Council
To learn about upcoming or ongoing consultations on proposed federal regulations, visit the Canada Gazette and Consulting with Canadians websites.
- Date modified: