Border Management

Public Safety Canada (PS) plays a leadership role for the PS Portfolio by providing coordinated and integrated policy advice to the Minister on border management issues. This function involves monitoring, analyzing, and providing an overarching public safety lens on various border-related files, such as; COVID-19 Border Measures, Irregular Migration, the Canada-United States (U.S.) Safe Third Country Agreement (STCA), the Annual Immigration Levels Plan, the Canada-U.S. Cross Border Crime Forum (CBCF), National Interest Exemptions (NIEs), Enhanced Civilian Review, Traveller Modernization, and Preclearance, among many others. This border management-related policy work is done in very close collaboration with our Portfolio partners, the Canada Border Services Agency (CBSA), the Royal Canadian Mounted Police (RCMP) and the Canadian Security Intelligence Service (CSIS), who play a key role in border management by leading and delivering a vast range of border and immigration work from an operational, program and policy perspective.

Providing sound policy advice and coordinating Portfolio input on border management files requires broad situational awareness and monitoring of each moving piece related to the border. This includes regular liaison with our Portfolio partners, as well as with other government departments (OGDs), such as Immigration, Refugees and Citizenship Canada (IRCC), the Public Health Agency of Canada (PHAC), Health Canada, Transport Canada, and Global Affairs Canada (GAC), to name a few.

Relevant Platform Commitments

Further Information

COVID-19 and Border Re-Opening

COVID-19 remains a public health concern, and prioritizing the health and safety of all Canadians underpins policy decisions related to re-opening the border. Given this current pandemic context, a large portion of our border management policy work relates to COVID-19 border measures and the careful and gradual re-opening of the border. Canada’s approach to easing border measures is informed by continued monitoring of available data and scientific evidence, including the vaccination rate of Canadians and the changing global epidemiological situation. Current measures include: border and travel restrictions; mandatory pre-arrival, on-arrival, and certain post-arrival testing requirements; and mandatory 14-day quarantine for travellers who are not fully vaccinated. Border measures are put in place through the Quarantine Act and Emergency Orders in Council (OICs). Current data indicates these measures are working effectively to stem traveller based spread of COVID-19 into Canada’s communities.

As a result of increased and high vaccination rates in Canada, international flights carrying passengers are permitted to land at the following major airports: Vancouver, Calgary, Toronto, Montreal, Halifax, Québec City, Ottawa, Winnipeg, and Edmonton. These airports, in cooperation with PHAC, the CBSA and Transport Canada, are implementing measures necessary to safely welcome international passengers.

Most recently, on September 7, 2021, borders were opened to any traveler fully vaccinated with a Government of Canada-accepted vaccine at least 14 days prior to entering Canada. All travellers, regardless of vaccination status, require a pre-entry COVID-19 molecular test result. Unvaccinated children under 12 and fully vaccinated travellers are exempt from quarantine, but must follow enhanced public health measures. Unvaccinated children remain subject to on-arrival and post-arrival testing requirements. Provinces and Territories (PTs) may have different requirements for recently returned travellers, who must follow more stringent rules.

Irregular Migration

Addressing irregular migration has been a priority since 2017, when the volume of asylum claimants intercepted between designated ports of entry (POEs) at the Canada-U.S. border rose to over 18,000 that year, and remained high through 2019 (previous years’ annual totals rarely exceeded 500). This ran counter to the core principle of the STCA, a Canada-U.S. agreement helping both countries to better manage access to their respective refugee systems for people crossing the Canada-U.S. land border, which establishes that individuals should seek asylum in the first safe country to which they arrive. While COVID-19 border restrictions have temporarily halted irregular migration into Canada, given the public health OICs currently in place, such a trend could re-emerge. As with previous influxes, contingency plans are in place to manage any increases of irregular migrants coming to Canada between POEs (e.g., coordinating with PTs, municipalities, accommodations, IRCC, CBSA and RCMP).

Canada-U.S. Safe Third Country Agreement

Also with respect to irregular migration, the Canada-U.S. STCA came into force in 2004, and only applies to asylum claimants seeking entry to Canada from the U.S. at designated land POEs (and vice-versa). The STCA does not apply to persons who cross between designated POEs, which are the irregular routes that many asylum claimants used from 2017 to 2019 to evade the application of the STCA and make their claims in Canada rather than the U.S. The STCA includes a number of exceptions and exemptions, including for U.S. citizens, unaccompanied minors, valid Canadian document holders, and individuals with family members in Canada. Those who do not meet an exception or exemption under the STCA are found ineligible to make an asylum claim in Canada and are generally returned to the U.S. within 90 days. In recent years, the most applied exception has been the family exception, which allows individuals to make a claim if they have a family member already living in Canada (anchor relative), including if the family member holds temporary status. Work is ongoing to modernize the Safe Third Country Agreement.

Direct-Backs

During the COVID-19 pandemic there has been an arrangement linked to public health measures contained in the OICs, on directing-back irregular migrants (approximately 375 persons in total) to queue in the U.S. Protocols are in place with U.S. partners to ensure the safety of such persons, while awaiting their return to Canada, in keeping with the international principle of non-refoulement. The direct-back regime applies only to claimants who arrive somewhere other than a designated land port of entry.

Traveller Modernization

CBSA has been leading a traveller modernization initiative to lay the foundation for the long-term transformation of traveller processing in a manner that will both improve CBSA operations and make the traveller experience more expedient and seamless, by leveraging new technologies like facial verification. This initiative was notionally funded through Budget 2021. The CBSA plans to deliver Traveller Modernization, which is comprised of eight sub-initiatives and a suite of legislative and regulatory amendments, by 2028.

Preclearance

PS leads the preclearance program for the Government of Canada, working closely with CBSA and Transport Canada. Preclearance, which serves to expedite and streamline the flow of persons and goods across the border while fortifying security, is an excellent example of binational border management cooperation. Eight of Canada’s largest airports currently benefit from U.S. preclearance operations.

Annual Immigration Levels Plan

The Annual Immigration Levels Plan, which is led by IRCC, establishes immigration admission targets across a broad range of categories, including economic, family class, and refugee resettlement streams (up to ~400,000 persons in total per annum). These programs are operationally supported by the CBSA, RCMP, and CSIS, who perform key activities along the immigration continuum. CBSA operational activities include POE processing (e.g., permanent resident (PR) landings), security screening activities, and any resulting downstream inland enforcement and intelligence/investigative work. CSIS provides security advice to IRCC and the CBSA regarding applications made under the Immigration and Refugee Protection Act (IRPA) and the Citizenship Act. The RCMP provides identity management services as part of IRCC’s applicant screening process, including fingerprint identification and criminal record checks. The tabling of the Levels Plan is a requirement under IRPA. PS coordinates input on behalf of Portfolio partners and ensures that concerns, considerations and resource implications are reflected in IRCC-led Cabinet material.

Canada-U.S. Cross Border Crime Forum

The February 23, 2021 Roadmap for a Renewed Canada-U.S. Partnership includes an action item to enhance law enforcement collaboration by re-establishing the Cross Border Crime Forum (CBCF), a joint Ministerial forum quad-chaired by Canada’s Ministers of Justice and PS, the U.S. Attorney General and the U.S. Secretary of Homeland Security. Created in 1997, the last ministerial level meeting was held in 2012 Traditionally, the CBCF has tackled and addressed topics focusing on transnational crime issues. Topics have included organized crime, counter-terrorism, economic crime, and other emerging cross-border threats. The forum has also focused on resolving obstacles and impediments – primarily with regard to policy, regulations and legislation – faced by law enforcement and justice officials who work on cross-border crime issues.

Date modified: