Entry/Exit
Date: July 3, 2020
Classification: Unclassified
Fully releasable (ATIP)? Yes
Branch / Agency: TB/CBSA
Proposed Response:
- Since 2013, the CBSA has been phasing in the exchange of biographic entry information on certain classes of travellers at the land border with the United States.
- As of July 11, 2019, this information sharing at the land border applies to all travellers.
- In air mode, as of June 25, 2020, commercial air carriers are required to provide the CBSA with electronic passenger manifests of every passenger and crew member travelling out of Canada on their aircraft.
- Exit information collected in the air mode will not be shared with the U.S.
- The Entry/Exit system helps strengthen the integrity of Canada's border and immigration and citizenship programs by closing the loop on an individual's travel history. This will have no impact on the movement of legitimate travel.
- The exchange of biographic entry data permits the CBSA to:
- focus its immigration enforcement activities on cases of unknown or higher risk, such as ongoing criminal and immigration investigations;
- better monitor those travellers who are required to meet residency or other admissibility requirements to continue eligibility in immigration programs; and
- facilitate the Government of Canada's ability to identify the whereabouts of individuals who may pose a threat to the safety and security of Canada and/or Canadians.
If pressed:
- In the land mode, only the biographic information specifically identified in Bill C-21 (e.g., full name, date of birth, citizenship/nationality) is shared with the U.S. as part of the Entry/Exit exchange. License plate information, and biometrics, such as fingerprints or photographic images, are not exchanged.
- In the air mode, in addition to the basic biographic information, the date, time, and location of departure as well as flight information will be collected from air carriers for passengers leaving Canada on outbound international flights.
If pressed on privacy:
- The CBSA is committed to keeping Canadians safe while protecting individual rights and freedoms.
- The process of collecting and sharing personal information has been, and will continue to be, done in accordance with Canada’s privacy laws and policies.
- The CBSA has consulted with the Office of the Privacy Commissioner (OPC) throughout the implementation of the Entry/Exit initiative to ensure that privacy concerns are addressed and personal information is safeguarded.
Background
In 2011, Canada and the United States (U.S.) committed to establishing a coordinated Entry/Exit information system. This system permits sharing of information, so that the record of a land entry into one country can be used to establish an exit record from the other.
Up until recent reforms, Canada and the U.S. only exchanged biographic entry information on third-country foreign nationals (not including Canadians or U.S. citizens), permanent residents of Canada (who are not U.S. citizens and lawful permanent residents of the U.S. (who are not Canadian citizens) at land ports of entry. In 2016, Canada also began sharing biographic entry information with the U.S. on U.S. citizens who enter Canada.
Bill C-21, An Act to amend the Customs Act, which received Royal Assent on December 13, 2018, provided the CBSA with the authority to collect exit information on all travellers who leave Canada. The legislative authorities of Bill C-21 and the corresponding Exit Information Regulations were in place as of summer 2019.
Phase 1 was implemented in 2013 with the exchange on third country nationals, permanent residents of Canada, and lawful permanent residents of the U.S. at all automated ports of entry along the common land border.
Phase 2 was implemented in August 2016 when Canada began the one-way sharing of Biographic Entry Data on all U.S. citizens and nationals who enter Canada at land ports of entry as an interim measure until legislative authorities were in place in Canada.
Phase 3 was implemented in July 2019 when Canada and the U.S. began exchanging Biographic Entry Data on all travellers who cross the border at the land mode.
The final phase of Entry/Exit was implemented on June 25, 2020. The CBSA began collecting exit information on all travellers from air carriers. This information is not shared systematically with the U.S. Together, departures in air and land modes represent 97% of exits.
Collection of Exit Information in Land and Air Mode
The implementation of exit information in the air mode does not result in any impacts on travellers, as carriers only send information that is already collected at ticket purchase and check-in. The regulations also grant air carriers one year to comply to the regulations.
Since July 11, 2019, Canada and the United States (U.S.) have been exchanging biographic entry information on all travellers (including Canadian citizens) at the land border, so that the record of a traveller’s entry into one country can be used to establish the traveller’s exit from the other. The CBSA began to collect exit information on all travellers, including Canadian and U.S. citizens, at the land border through a seamless electronic exchange of biographic entry information with the U.S. Canada and the U.S. exchange the following pieces of basic information (similar to what is found on a passport):
- full name (first name, middle name(s), and last name);
- date of birth;
- sex;
- nationality/citizenship;
- travel document information information (type, number and name of the country that issued the document);
- number and issuing country or organization; and
- administrative information related to the exit (date, time and location).
All travellers routinely and knowingly disclose biographic information as part of the current process of entering Canada. Canadian travellers also provide the same information to other countries when they travel internationally.
The full collection of exit data will enable the CBSA and its other government partners (IRCC, CRA, ESDC, RCMP, CSIS) to better:
- respond to the outbound movement of known high-risk travellers and goods prior to their actual departure from Canada;
- respond more effectively in time sensitive situations such as responding to Amber Alerts and helping find abducted children or runaways;
- focus and prioritize immigration enforcement activities, such as ongoing criminal and immigration investigations, on persons still in Canada;
- support active investigations related to national security, law enforcement or immigration, citizenship or travel document fraud;
- prevent fraud and abuse of Canada’s social benefit programs to better protect taxpayers’ money; and
- determine compliance with residency obligations and citizenship revocation investigations.
Furthermore, collecting exit information delivers on a commitment that Canada made with the U.S., and aligns Canada with international partners (such as Australia and New Zealand) who have or are in the process of implementing exit systems.
Results to Date
Since 2013, over 167 million records have been exchanged between Canada and the U.S. under this initiative. However, under previous phases of the Entry/Exit Initiative (prior to the coming into force of Bill C-21 and associated regulations), this was limited to:
- Canada and the U.S. exchanging biographic entry information on third-country nationals (non U.S. or Canadian citizens), permanent residents of Canada who were not U.S. citizens and lawful permanent residents of the U.S. who were not Canadian citizens at land ports of entry.
- Canada also sharing with the U.S. biographic entry information on U.S. citizens and nationals who entered Canada.
Privacy
The CBSA has continuously engaged the Office of the Privacy Commissioner (OPC) to discuss how best to ensure the protection of personal information collected under Entry/Exit. Through Privacy Impact Assessments and consultations with the OPC, the CBSA has implemented recommendations, such as the posting of signage at land border crossings to advise affected travellers that information will be collected and shared with the U.S. In the air mode, commercial air carriers are encouraged to update their privacy statements to ensure that travellers expecting to leave Canada by air are made aware that the information collected by airlines will be disclosed to the Government of Canada.
Funding
Overall, the CBSA received $108.2 million over five years and $10.3 million in ongoing funding to develop the systems and technology required to allow the Agency to collect, analyse, use, store, and disclose exit information on all persons.
Contacts:
Prepared by: Dale Brow, a/Director, Travellers Branch, [Redacted]
Approved by: Andrew Lawrence, a/Vice-President, Travellers Branch, [Redacted]
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