Key issues: Ministerial transition 2024

Canada-US relations

Key message

The CBSA is Canada's first line of defence at 1,200 ports of entry across the country. Approximately 8,500 frontline personnel play a crucial role protecting our communities by preventing dangerous goods and people from entering Canada. Across the country, the CBSA employs over 200 criminal investigators who investigate individuals and businesses that commit serious offences against Canada's border and criminal legislation. Abroad, the agency employs approximately 60 international officers at 40 missions in 35 countries who help push our borders out.

The CBSA works closely with domestic and U.S. law enforcement partners to protect our shared border, our communities, and bolster our economies. Every day last year, nearly $3.6 billion worth of goods and services and about 400,000 people crossed the Canada-U.S. border.

In Canada, border security and integrity is a shared mandate between the CBSA and the RCMP. The CBSA is responsible for enforcing the law at designated ports of entry in Canada and the RCMP is responsible between ports of entry.

It is illegal to enter between ports of entry and it is not safe. The Safe Third Country Agreement (STCA) applies to the entire land border. When persons crossing between ports of entry are intercepted by the RCMP or local police, they are brought to a designated port of entry. If an individual does not meet an STCA exception, or is otherwise determined ineligible, they will be removed to the U.S.

The CBSA is closely monitoring border impacts following the U.S. election and is ready to respond should there be greater demand at the border or activities or events that may impact operations.

Depending on the scenario, the CBSA's mitigation plans include additional resources at ports of entry, communications protocols, and collaboration with local law enforcement agencies, emergency medical services, other government departments and U.S. partners.

Criminals try to exploit the Canada-U.S. border both ways, via all modes of transport. U.S. authorities count on Canada in the same way Canada counts on them to share information and identify threats to our countries. It is a tried and tested partnership that has kept our countries safe for decades.

Background

The outcome of the November 5, 2024, U.S. election has the potential to directly and indirectly impact Canadian border operations. This includes a possible influx of arrivals as well as possible disruptions on or near the border.

The CBSA has plans in place to sustain operations in the face of potential impacts resulting from the U.S. election and to ensure the health, safety and security of CBSA employees and CBSA infrastructure, property and/or assets.

Canada-US relations

The CBSA works regularly and closely with domestic and U.S. law enforcement partners in a joint effort to manage irregular migration and assist with investigations.

The joint Canada-U.S. cross-border task force ensures that law enforcement partners on both sides of the border leverage benefit from shared intelligence, information, and partnerships, to detect and intercept illegal firearms movements and contraband at the border.

Immigration enforcement and detention

Individuals crossing from the U.S. to Canada between designated ports of entry and who make a refugee claim will be returned to the U.S. unless they qualify for an exception. Likewise, individuals crossing from Canada to the U.S. between designated ports of entry and who make a refugee claim will be returned to Canada unless they qualify for an exception.

The CBSA has a legal obligation to remove all foreign nationals and permanent residents that are inadmissible to Canada under the Immigration and Refugee Protection Act.

Our priority remains to remove inadmissible individuals from Canada as soon as possible, with a particular focus on individuals who are inadmissible for reasons involving national security, organized crime, crimes against humanity and criminality.

The Royal Canadian Mounted Police (RCMP) and the CBSA are prepared for an increase in illegal migration. Contingency plans are in place to increase the number of agents and vehicles at borders, and to maintain close communication with U.S. border agents.

Intelligence activities are conducted to identify individuals and entities in connection to organized crime activities, drug smuggling, human trafficking and other violations of the Customs Act and the Immigration and Refugee Protection Act.

Over 30 million foreign nationals enter Canada each year and 0.02% are subject to detention. The vast majority of foreign nationals are not subject to any restrictions. As of November 1st, 2024, 13,818 individuals were enrolled in alternatives to detention, 158 individuals were detained within our immigration holding centres and 34 others within provincial correctional facilities or local police agency holding cells.

The CBSA is committed to exercising its responsibility for detentions to the highest standards, with the well-being of detainees and the safety and security of Canadians as top priorities.

Asylum

The CBSA consistently monitors trends, including the number of asylum claimants who arrive at Canadian ports of entry, or those who arrive between the ports and are apprehended by the RCMP. To date, the CBSA has not observed an increase in asylum claims since the U.S. election.

The CBSA and the RCMP proactively collaborate with local police forces of jurisdiction, U.S. federal counterparts and other non-governmental organizations on the collection and analysis of information. This includes reviewing the validity of the intentions of potential migrants emigrating to Canada through legal channels. These groups are also working to detect and disrupt illegal channels of migration, human smugglers and the criminal networks that support them.

Organized crime

The CBSA places highest priority on removal cases involving national security, organized crime, crimes against humanity and criminals.

The CBSA works closely on an ongoing basis with U.S. law enforcement partners in a joint effort to ensure border security, including intelligence and law enforcement.

Intelligence activities are conducted to identify individuals and entities in connection to organized crime, drug smuggling, human trafficking and other violations of the Customs Act and the Immigration and Refugee Protection Act.

The joint Canada-U.S. cross-border task force ensures law enforcement partners on both sides of the border leverage benefit from shared intelligence, information, and partnerships, to detect and intercept illegal firearms movements and contraband at the border.

In 2023, the CBSA in collaboration with local, national and international partners:

• prevented over 900 prohibited firearms and over 27,100 weapons (over 10% more weapons than 2022) from entering our country and hurting our communities
• intercepted over 72,200 kg of prohibited drugs, cannabis, narcotics and chemicals, representing an increase of over 29% from 2022
• welcomed 86,575,393 travellers (Air: 34,610,650; Highway: 48,045,104, including 5,887,719 truck drivers; Marine: 3,648,946; Rail: 270,693), an increase of nearly 45% compared to 2022; and almost 496,000 international students, an increase of over 25% compared to 2022
• processed the arrival of over 72,000 asylum seekers, an increase of approximately 10% compared to 2022
• processed 5,360,208 commercial trucks into Canada
• assessed over $39.3 billion in duties and taxes (Customs duties, Special Import Measures Act duties, GST and Excise taxes)
• continued to protect Canadian industry from unfair trade practices by administering the Special Import Measures Act (SIMA), with over $270 million in SIMA duties assessed and approximately 30,000 Canadian jobs protected

In 2024, between January 1st and October 31st, the CBSA in collaboration with local, national and international partners:

• prevented over 1,274 prohibited firearms and over 15,600 weapons from entering our country and hurting our communities
• intercepted over 25,600 kg of prohibited drugs, cannabis, narcotics and chemicals
• welcomed 80,500,000 travellers (Air: 31,800,000; Highway: 45,100,000, Marine: 3,300,000; Rail: 336,000), an increase of nearly 9% compared to 2023; processed the arrival of over 113,000 asylum seekers
• processed 4,500,000 commercial trucks into Canada
• assessed over $32.5 billion in duties and taxes (Customs duties, Special Import Measures Act duties, GST and Excise taxes)
• continued to protect Canadian industry from unfair trade practices by administering the Special Import Measures Act (SIMA), with over $136.4 million in SIMA duties assessed and approximately 30,000 Canadian jobs protected

Firearm smuggling

Issue

The agency helps to protect Canadian communities by combatting the movement of illegal firearms into Canada. It is a part of the CBSA's mandate to control and interdict the flow of firearms, weapons or other similar devices, in and out of Canada, to ensure compliance with existing laws, regulations and orders.

Status

The CBSA's firearms strategy focuses on the identification, disruption, interdiction, enforcement, investigation and prosecution of illicit firearms and related activities using an intelligence-led, integrated approach. It encompasses activities that can be conducted or influenced by CBSA personnel, and can help guide other operational areas in supporting the fight against illicit firearms smuggling.

Between January 1, 2024 and October 31, 2024, the CBSA seized more than 850 firearms. During the same time period, the CBSA's Criminal Investigations Program opened 95 firearms-related investigations and laid charges in 52. During this period, the courts imposed guilty convictions in 26 cases.

[Redacted]

Considerations

Given a priority focus on the firearms issue, the CBSA has developed integrated regional firearms teams in Ontario, Quebec and the Prairies. These cross-functional teams, made up of intelligence officers, analysts, and criminal investigators, bring together essential expertise and provide a single point of contact for timely collaboration with U.S. and domestic law enforcement partners to disrupt gun smuggling.

In April 2024, the agency appointed an Executive Director for Combating Firearms Smuggling to bolster our considerable efforts and recent successes. The Executive Director, located in the CBSA's Greater Toronto Area Region, will help to coordinate and lead our agency-wide efforts against illegal firearms smuggling and to create more direct linkages between headquarters, frontline operations, and domestic and international partners.

Stakeholder views

The CBSA collaborates with law enforcement partners to share intelligence, build a shared threat picture, and conduct joint enforcement operations. Such collaboration includes participation in the Cross Border Firearms Task Force, the Cross Border Crime Forum, and various activities that fall under the Cross Border Law Enforcement Advisory Committee and Liaison Group. Each of these four present opportunities for increased collaboration and information sharing between Canadian (for example, CBSA and Royal Canadian Mounted Police) and United States law enforcement partners (for example, Customs and Border Protection, Bureau of Alcohol, Tobacco and Firearms).

The Cross-Border Firearms Task Force was established as a result of the shared commitment made by Prime Minister Trudeau and President Biden to reduce gun violence in 2021. Its main focus is to scope and identify methods to counter firearms smuggling across the Canada-United States (U.S.) border. The work done by the Task Force ensures that law enforcement partners on both sides of the border benefit from shared intelligence to enable the detection and interception of illicit firearms.

On March 21, 2023, CBSA and US Bureau of Alcohol, Tobacco, Firearms and Explosives signed a Memorandum of Understanding to allow for the direct sharing of information. This Memoranda just went through the one-year review and no changes were identified.

Next steps

[Redacted]

Drugs and precursors

Issue

The current border threat related to fentanyl revolves around the smuggling of fentanyl precursor chemicals from China for the domestic synthetic production of fentanyl for the illegal drug market. Consensus of law enforcement agencies is that Canada is no longer a net-exporter of fentanyl.

Status

Since 2016, the Canada Border Services Agency (CBSA) has witnessed trends of fentanyl and precursor chemical import/export patterns change to reflect the shifting approach of organized crime to maximize profit. What started as importing fentanyl for the domestic market, transitioned to importing the chemicals required to manufacture fentanyl domestically. When the supply of fentanyl surpassed demand, the agency saw the increase in large-quantity exports for the foreign market, to the current status of sporadic personal-use imports/exports and more covert means of importing precursor chemicals to continue supplying the domestic market.

Following the saturation of the domestic fentanyl market, Canadian traffickers attempted to introduce the synthetic opioid to foreign markets. This was confirmed by multiple seizures on export destined for Australia, the United Kingdom, and the Philippines. During this time, our partners in Australia and the US also seized significant shipments that originated in Canada. However, these foreign markets did not prove to be as lucrative as expected. In the US, the Mexican cartels are well established and have an ability to produce vast quantities at low prices.

Considerations

The CBSA's National Targeting Centre has stood up a Targeting Intelligence Export team focused on informing our export Targeting efforts, including the export of illegal narcotics and synthetic opioids from Canada. The unit's primary responsibility is to analyze export intelligence, data and information to produce targeting-focused intelligence products that support national and international targeting operations.

In April 2024, the agency appointed an Executive Director for Combating Narcotics Smuggling to bolster our considerable efforts and recent successes. The Executive Director, located in the CBSA's Pacific Region, will help to coordinate and lead our agency-wide efforts against illegal drug smuggling and to create more direct linkages between headquarters, frontline operations, and domestic and international partners.

Over the past five years, the Government of Canada has invested in increasing the CBSA's capacity to interdict illicit substances from entering and leaving the country, including launching regional satellite laboratories staffed by field chemists in high-risk locations and deploying additional detector dog teams trained to recognize the scent illicit drugs.

Stakeholder views

In March 2023, the CBSA and the US Drug Enforcement Agency signed a Memorandum of Understanding to enable direct information sharing to help inform intelligence analysis and trend reporting. The two parties have just completed the one-year review and no changes were requested, this agreement will remain in place until changes are requested in the future.

The US Customs and Border Protection publishes statistics on the seizure of fentanyl at both the northern and southern borders. In fiscal year 2024, on the norther border CBP seized 19.5 kg of fentanyl and in fiscal year 2025 to date they have seized 1.36 kg. As a comparison, on the southern border 9,525 kg of fentanyl was seized by CBP in fiscal year 2024 and 907 kg in fiscal year 2025 to date.

Next steps

In the Fall Economic Statement 2024, the government proposes to amend the Customs Act to compel carriers and sufferance warehouse operators to grant access to CBSA officers to examine goods destined for export, as well as obligate owners and operators to provide adequate facilities for these officers to carry out the CBSA's mandate.

In Canada's Border Plan, [Redacted] and new legislative changes to support activities that may help detect illegal drugs as they cross the border, including new chemical detection tools at high-risk ports of entry, deployment of new canine teams, and expanded powers under the Controlled Drugs and Substances Act.

The CBSA is planning an enforcement operation focused on seizing precursor chemicals and synthetic drugs, such as fentanyl. This operation's primary aim will be to risk assess, intercept and evaluate the level of precursors and synthetic narcotics that are coming into Canada through high-risk environments from target countries. There will be an additional focus on identifying referrals to the RCMP for criminal investigation.

The Border 5 have undertaken a number of supply chain targeting initiatives which will focus on the illicit movement of goods through high-risk modes of transport. The CBSA has committed to supporting these international efforts.

The CBSA would like to increase direct information sharing with our American partners by seeking to embed CBSA intelligence analysts in the US Customs and Border Protection's Southern Border Intelligence Centre and the Northern Border Intelligence Centre. The CBSA currently has two Targeting Liaison Officers located within the US National Targeting Centre. Starting in January, the Customs and Border Protection will have a an embedded officer full-time within the CBSA's National Targeting Centre.

Auto theft

Issue

Auto theft is an ongoing across the country and in Ontario and Quebec in particular. It involves organized crime groups, and the proceeds of these thefts are used to fund other illegal activities. There is no single solution to this complex problem.

The Canada Border Services Agency (CBSA) provides critical support to law enforcement partners to disrupt, investigate and ultimately prosecute these crimes. Upfront, preventative and investigative work within Canada and ahead of reaching our borders is imperative to reduce auto theft overall.

CBSA had identified and detained 2,232 vehicles this year compared to the 1,804 stolen vehicles intercepted by the CBSA in calendar year 2023. Additionally, over 2,671 Request for Information from Police of Jurisdiction have been received and processed to date. Half of the containers with stolen vehicles are Police of Jurisdiction referrals and the other half are CBSA generated referrals. The number of vehicles intercepted in Quebec were slightly down to the port strike but referrals are picking up due to settlement of the strike.

Through the National Action Plan on Combatting Auto Theft (Action Plan), the Government is moving forward with legislative and regulatory changes, intelligence and information sharing enhancements and intervention improvements.

Background

The recent rise in vehicle thefts across Canada has necessitated a response from Canada's Public Safety Portfolio partners. The issue is of particular concern in Halifax, Montreal, and Toronto, where a rising number of vehicle thefts have been reported or where stolen vehicles have been recovered during an attempt to export the commodity from Canada.

The Action Plan on Combatting Auto Theft outlines concrete short, medium and long-term actions, planned or already underway, that were confirmed by participants, following the Summit. This plan takes a multi-dimensional approach to disrupting auto theft, organized along five pillars: Intelligence or Information Sharing; Prevention; Intervention; Legislation, Regulations, and Governance; and Recovery and Repatriation.

The $28 million investment over five years underscores the CBSA's commitment to collaborating with law enforcement counterparts to proactively uncover and exchange information to combat illicit activities. This funding will bolster our capabilities in detecting and inspecting containers containing stolen vehicles, while also strengthening cooperation and information exchange with partners both domestically and abroad to apprehend individuals involved in such crimes.

Current status

• Legislative and regulatory changes:
  • The CBSA is working with the Department of Justice to assess legal authorities to determine areas for improvement with respect to ensuring that export legislation and regulations provide to the Government of Canada (including the CBSA) the right tools to identify stolen vehicles bound for export
  • Amendments to the Radiocommunication Act were completed in June 2024 to regulate the sale, distribution and importation of radio devices that are believed to be used to intercept communications for criminal activity, such as auto theft. Innovation, Science and Economic Development Canada conducted a public consultation on this topic – comments were accepted until August 12, 2024
  • On April 16, 2024, the federal government introduced Bill C-69, An Act to implement certain provisions of the budget tabled in Parliament, enacted on July 20, 2024, which introduced several measures to combat motor vehicle theft:

    New offences target:

    • Violence used, threatened, or attempted during auto theft
    • Thefts linked to organized crime
    • Laundering proceeds of crime for criminal organizations
    • Possession and distribution of electronic devices for auto theft

    A new aggravating factor at sentencing for adults involving youth in offences, including auto theft.

    • Enhanced investigative tools specifically, wiretap warrants and DNA orders now available for auto theft offences

    Increased maximum penalty for carjacking from 10 to 14 years.

• Intelligence and information sharing enhancements:
  • The CBSA continues to support Police of Jurisdiction stolen vehicle criminal investigations through existing information sharing authorities by sharing customs information. The CBSA collaborates with multiple police forces, including but not limited to the Ontario Provincial Police, the Sûreté du Québec, the Royal Canadian Mounted Police and police forces across Canada to support their stolen vehicle criminal investigations through expanded information sharing
  • The Ontario Provincial Police -led Joint Intelligence Group which was first established for Project Emission with CBSA membership in late March 2024, continues to coordinate the sharing of intelligence and information on auto thefts to drive investigations. The CBSA has two intelligence analysts directly supporting the Joint Intelligence Group. Additionally, the CBSA continues assist Police of Jurisdictions on other projects targeting auto theft groups
  • Port operators, intermodal facility operators and other business organizations have been engaged to increase awareness of CBSA's enforcement efforts while soliciting their support to address the exploitation of Canada's legitimate trade chain
  • The CBSA has engaged with the Border 5 (Canada, United States, United Kingdom, Australia, New Zealand) to solicit best practices and share Canada' Stolen Vehicle export enforcement activities
• Intervention improvements:

  Scanning Technology

  • In August 2024, the CBSA deployed additional scanning technology in the Greater Toronto Area to increase the effectiveness of CBSA's ability to examine cargo containers at both the Canadian National Intermodal yard in Brampton and Canadian Pacific Kansas City Intermodal yard
  • There were two types of scanners in use: the Heimann Cargo Vision Mobile truck and a mobile Z Backscatter Van cargo and vehicle screening truck
  • Both scanning technologies have been successful at interdicting stolen vehicles. However, the Z Backscatter Van cargo and vehicle screening truck has been more effective in that it is smaller in size, requires less officers to operate and is mobile
  • Due to ongoing logistical and operational challenges (including winter weather), the CBSA will be moving the Heimann Cargo Vision Mobile truck out of Canadian Pacific Kansas City

  Request to Locate Protocol

  • The CBSA in collaboration with the Royal Canadian Mounted Police and local police, developed and implemented a Protocol for Interjurisdictional Law Enforcement Requests to Locate Stolen Vehicles Equiped with Tracking Devices for law enforcement which was widely distributed to law enforcement agencies in Canada in June

Removals and deportations

Key message

The timely removal of inadmissible foreign nationals plays a critical role in supporting the integrity of Canada's asylum and Immigration system and contributes to the Government of Canada's security and public safety priorities.

The CBSA has a legal obligation under the Immigration and Refugee Protection Act to remove any foreign national that does to have the right to stay in Canada, as soon as possible. The CBSA is firmly committed to doing so.

The CBSA prioritizes removals based on a risk management regime:

• Priority 1: Security, organized crime, crimes against humanity, serious criminality and criminality, and failed irregular arrival refugee claimants
• Priority 2: Failed refugee claimants
• Priority 3: All other inadmissible persons

In 2023 the CBSA removed 15,196 inadmissible foreign nationals from Canada, representing an approximate 83% increase from the 8,311 removed in 2022.

From January 1, 2024 to October 31, 2024, over 14,000 inadmissible foreign nationals have been removed from Canada, putting the CBSA on track to maintain previous year removal levels.

Over a five year period, from 2019 to October 31st, 2024 a total of 69,134 inadmissible foreign nationals were removed from Canada.

Common challenges that prevent the CBSA from removing inadmissible foreign nationals include uncooperative foreign nationals and/or foreign governments. The CBSA participates in international groups such as the M5 Returns Network, established to identify joint strategies and share best practices to achieve timely removals of deemed inadmissible persons.

These efforts are essential in maintaining the integrity of Canada's asylum and immigration programs.

Background

As part of its enforcement of the Immigration and Refugee Protection Act (IRPA), the Canada Border Services Agency (CBSA) has a statutory obligation to remove any foreign national that has been issued a removal order for violating the IRPA. Immigration removal is an integral part of the CBSA's security mandate.

The IRPA specifies that individuals may be inadmissible for any of the following reasons: security; crimes against humanity and war crimes; criminality; organized crime; risk to health of Canadians or excessive demand on health services; misrepresentation; inability to financially support yourself or your dependents; and non-compliance with the IRPA (for example, overstaying the authorized period of stay in Canada, working without authorization, etc.).

Individuals believed to be inadmissible to Canada have a report written against them. The merits of the report are reviewed by another official (Minister's Delegate), who will determine if the evidence supports the inadmissibility allegation and either issue a removal order, if the allegation falls within their authority, or refer the report to an admissibility hearing before the Immigration and Refugee Board (IRB), an independent administrative tribunal. For those who are found inadmissible, a removal order is issued against them. Every foreign national ordered to be removed from Canada is entitled to due process before the law. Removal orders are subject to various levels of appeal. Foreign nationals can also file an application for leave and judicial review before the Federal Court accompanied by a stay motion throughout the removal process. Removal cannot be enforced until all pending legal avenues that can stay a removal have been exhausted.

The CBSA prioritizes removals based on a risk management regime:

• Priority 1: Security, organized crime, crimes against humanity, serious criminality and criminality, and failed irregular arrival refugee claimants
• Priority 2: Failed refugee claimants
• Priority 3: All other inadmissible persons

The existence of a removal order does not automatically mean the CBSA is in a position to immediately remove someone from the country. There are a number of different legal and administrative processes that must be addressed before the CBSA is in a position to undertake a removal. All individuals who are subject to removal have access to due process and procedural fairness. They may seek redress through various processes at the IRB (appeals), as well as the Federal Court of Canada (judicial review). Once individuals have exhausted all legal avenues that stays a removal order, the agency is mandated to enforce the removal order as soon as possible.

Impediments to removal may exist that prevent the CBSA from enforcing the removal order in a timely manner. Common challenges include uncooperative foreign nationals and/or foreign governments. Foreign nationals may abscond, fail to provide information to establish their true identity, or refuse to provide the documentation needed to obtain the travel document from the Foreign Mission to allow for their removal. Foreign governments may refuse the return of their nationals, or may fail to issue timely travel documents. Other impediments may include, but are not limited to, the inability to use commercial airlines due to their lack of flights to certain destinations, their limits on the number of deportees per flight, or refusal to transport foreign nationals with criminality. The CBSA works closely with foreign governments, Canadian officials abroad, and with other departments such as Immigration, Refugees and Citizenship Canada and Global Affairs Canada with respect to obtaining travel documents.

The CBSA also engages in a number of activities including the continued participation in international fora such as the Inter-Governmental Consultations forum for information exchange and policy debate on issues of relevance to the management of international migratory flows and the M5 Returns Network established to identify joint strategies and share best practices to achieve timely removals of deemed inadmissible persons.

In response to the significant increase in individuals making asylum claims in Canada, the CBSA aligned its resources to enforce removal orders in a more efficient and timely manner. To address the inventory growth, the number of removals have increased each year since emerging from the pandemic and overall removals of inadmissible foreign nationals in Canada have increased by approximately 117% last fiscal year when compared to fiscal year 2021 to 2022, and approximately 60% from the 10,233 removed in 2022 to 2023.

The implementation of the Additional Protocol to the Safe Third Country Agreement (STCA) has also contributed to an increase in port of entry removals as follows:

• Before March 25, 2023, asylum seekers entering Canada from the United States between ports of entry and intercepted by the Royal Canadian Mounted Police were brought to the nearest CBSA office to be processed and make an asylum claim. An officer would determine whether or not the person was admissible to enter Canada or remain in Canada, and if the asylum claim was found eligible the claimant's file was referred to IRB for a decision. Prior to the Additional Protocol, the STCA did not apply to asylum claimants who crossed into Canada between ports of entry. Therefore these asylum claimants were not returned to the U.S.
• Since March 25, 2023, the Additional Protocol which expanded the STCA across the entire land border, including internal waterways, has been a primary driver for the increase in port of entry removals. Now, if a person enters Canada to make an asylum claim at a land border crossing or between ports of entry and does not meet one of the Agreement's exceptions, or is otherwise determined ineligible, they will removed

As of October 31, 2024, the CBSA has successfully removed over 14,000 foreign nationals, and is on track to maintain 2023 to 2024 levels. These efforts are essential in maintaining the integrity of Canada's asylum system.

2022, 2023, 2024 total number of individuals removed from Canada and those allowed to leave.

Removals from January 1, 2016, to November 18, 2024, and Deportation Orders issued during the same period:

Immigration detention

Issue

The Canada Border Services Agency (CBSA) administers the Immigration and Refugee Protection Act, which allows for the arrest and detention of foreign nationals and permanent residents. Detention is a measure of last resort where the individual may present a danger to the public, is a flight risk, where their identity has not been established (and therefore a security check cannot be performed), or they are unlikely to appear for an immigration proceeding. While the majority of individuals are being managed outside of physical detention facilities (in other words, through regular reporting and alternatives to detention programs), there is significant and ongoing stakeholder opposition to detention.

Within the first 48 hours of detention, the decision is subject to a review by the Immigration and Refugee Board, an independent administrative tribunal. If the Immigration and Refugee Board determines that detention should be continued, the reasons for continued detention are reviewed within seven days and every 30 days thereafter. At the detention review, the Immigration and Refugee Board makes a decision as to whether detention is warranted and takes into consideration alternatives to detention options.

The CBSA manages three immigration holding centres – a leased facility in Toronto, and facilities it owns in Surrey and Laval. These three centres are designed and staffed to manage lower risk detainees. The CBSA has worked for many years with provincial partners to have individuals assessed as high-risk held in provincial correctional facilities. This allowed the CBSA to manage public safety risks in cases that could not be managed within immigration holding centres or on alternatives to detention. In recent years, however, provincial authorities have been terminating the detention agreements.

Current status

Starting in 2016, the CBSA has implemented a new detention framework that has significantly changed the way in which the program is managed. For example, the use of alternatives to detention was expanded significantly, both in terms of numbers and program types (for example, electronic monitoring, remote reporting, community case management and supervision). Additional changes included an expansion of medical services to address increased needs within the immigration holding centres, and strengthened national detention standards to ensure that conditions of detention align with national and international guidelines on detention. As of December 18, 2024, and as a result of the framework, of the individuals who are subject to immigration enforcement control measures, 13,453 (almost 98.5% of the total) are being managed through alternatives to detention; 181 (1.3% of the total) are being detained in immigration holding centres; and only 24 (0.2% of the total) are being held in a correctional facility. During fiscal year 2023 to 2024 a total of 4,191 individuals were detained in an immigration holding centre, while another 716 were held in a provincial correctional facility, working out to an average of 260 individuals in detention on any given day.

Human rights and refugee advocacy groups have long held the view that correctional facilities are not a suitable environment for immigration detention. Since 2023, most provinces have ended their immigration detention arrangements with the CBSA. Since then, the CBSA has made some progress in creating temporary and medium term capacity for the high-risk detention population until long term infrastructure solutions are implemented. Budget 2024 provided $324.6 million over five years, plus $30.6 million ongoing, on a cash basis, to prepare the three existing Immigration Holding Centres to accommodate high-risk detainees and to work with the Correctional Service Canada (CSC) to establish a temporary immigration holding centre within the confines of a federal penitentiary.

Legislative changes enacted on June 20, 2024 as part of Budget 2024, allow for the temporary use (until June 2029) of federal correctional facilities for the purpose of high-risk immigration detention. The CBSA and the CSC are therefore working to establish a temporary immigration holding centre within CSC's Regional Reception Centre located in Sainte-Anne-des-Plaines, Quebec. The facility will be managed by the CBSA, independently of CSC, and will have approximately 25 beds to be used for high-risk adult males. High-risk detainees are individuals who have prior convictions and outstanding charges for violent crimes such as assault with a weapon, attempted murder, assaulting an officer with a weapon, and aggravated sexual assault, or have demonstrated violent, non-compliant, and unpredictable behaviour that places them, other detainees, the guards and medical personnel at risk.

Next steps

[Redacted]

CBSA Assessment and Revenue Management (CARM)

Background

The CARM project is a multi-year initiative to modernize the imposition and levying of duties and taxes on goods imported into Canada. CARM is expected to result in improved compliance with trade rules, reduce lost Government of Canada revenue, and simplify the import process for trade chain partners.

On May 13, 2024, the sixth major release of CARM was implemented for internal use at the CBSA. This release has been through extensive testing, including over 7,200 test scripts and two rounds of the CARM Experience Simulation. On October 21, 2024, CARM was released externally and became the system of record for the assessment and levying of duties and taxes on goods imported into Canada. With this release, the CBSA introduced:

• Changes to the Release Prior to Payment Program
• Electronic commercial accounting declarations that will automatically calculate the duties and taxes owed
• Harmonized billing cycles
• The ability to enroll in the CBSA's various commercial programs via the CARM Client Portal

Legislative and regulatory amendments necessary to support the October 2024 CARM release were previously published. Transitional measures are in place to support trade chain partners as they adjust to CARM and, specifically, changes to the Release Prior to Payment Program and the usage by importers of their broker's business number. These measures respond to concerns raised by trade chain partners regarding their preparedness and the potential impacts of the release on the flow of goods across the border.

Development funding for the project was first established in 2010 to 2011. As of December 31, 2023, $438.4 million has been spent to develop CARM and $118.4 million (inclusive of HST) has been spent to maintain the first five major releases of the solution. Since February 2018, Deloitte has been engaged to design, develop, implement, and provide ongoing infrastructure and application management support services for the CARM solution. As of December 31, 2023, Deloitte has received $182.2 to develop CARM and $44.2 million for maintenance work on the solution (excluding HST).

Both the Standing Committee on International Trade (CIIT), and the Standing Committee on Government Operations and Estimates (OGGO) have adopted motions for the production of approximately 37,000 pages of CARM material from the CBSA. Packages of material were submitted to OGGO on April 5, July 4, and August 23, 2024, and to CIIT on April 4, April 10, and May 1, 2024. All material has been collected and is in the process of being translated and prepared for disclosure to committees.

On April 9, 2024, the CIIT unanimously passed a motion (one member abstained) recommending that the House of Commons ask the government to suspend the May 13, 2024 CARM release until the Committee has tabled its final report. The interim report on CARM from the CIIT was tabled in the House of Commons on April 29, 2024. A Government Response has been prepared and will be tabled in the House of Commons on September 16, 2024.