Forward Regulatory Plan: 2022 to 2024

Customs Act

The Reporting of Exported Goods Regulations (REGR) prescribes which persons and under which circumstances exported goods must be reported. Section 2 of the REGR unintentionally excludes persons who are not identified in one of the prescribed classes of persons from the obligation to report their exported goods when required or requested to do so by an officer effectively limiting the authority granted under section 95 (1.2) of the Customs Act.

This has resulted in the CBSA’s inability to assess penalties against excluded persons who do not adhere to export controls and it creates a security loophole where goods that require reporting could be exported without being reported.

Regulatory amendments are required to ensure that any person (traveller and/or commercial business) will be required to report exports as well as be subject to enforcement action should they contravene export controls.

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

The amendments will have a positive impact because it will result in increased efficiency and predictability for the exporter community.

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

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

Janine Harker
Director
Strategic Policy Branch
Tel.: 519-551-3313
janine.harker@cbsa-asfc.gc.ca

2016-04-01

Customs Act

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

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

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

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

Consult Customs Notice 14-023

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

Bonnie Paradis
Senior Program Advisor
Commercial and Trade Branch
Tel: (343) 553-1902
Bonnie.Paradis@cbsa-asfc.gc.ca

2015-04-01

Customs Act

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

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

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

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

Consult Customs Notice 14-023

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

Bonnie Paradis
Senior Program Advisor
Commercial and Trade Branch
(343) 553-1902
Bonnie.Paradis@cbsa-asfc.gc.ca

2015-04-01

Customs Act

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

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

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

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

Consult Customs Notice 14-033

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

Bonnie Paradis
Senior Program Advisor
Commercial and Trade Branch
(343) 553-1902
Bonnie.Paradis@cbsa-asfc.gc.ca

2015-04-01

Customs Act

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

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

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

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

Consult Customs Notice 14-033

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

Bonnie Paradis
Senior Program Advisor
Commercial and Trade Branch
(343) 553-1902
Bonnie.Paradis@cbsa-asfc.gc.ca

2015-04-01

Customs Act

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

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

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

No regulatory cooperation efforts are required.

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

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

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

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

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

2017-04-01

Customs Act

In 2007, 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 (2003) Regulations (POPR), which regulate the CBSA’s Trusted Traveller programs (TTP).

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 which will improve and enhance its administration of TTPs. These amendments will:

• clarify the information that must be provided in advance of arrival;
• remove redundancy around authorized manners of presentation in the land mode;
• establish the circumstances that may lead to suspension or cancellation of the authorization;
• modernize language to enable greater use of technology when reporting in alternative manner;
• clarify residency requirements for Canadian and United States permanent residents;
• include fingerprints as a type of biometric that may be collected;
• align the length of time a person can request a review of a decision with the length of time prescribed in the Customs Act;
• define CBSA program legislation;
• clarify conditions of authorizations;
• include contravention of the Quarantine Act as a criteria for TTP ineligibility;
• realign the TTP program structure to reduce redundancy and provide greater clarity on the types of programs the CBSA operates; and
• clarify that fees are collected for a TTP application.

The CBSA has also proposed to amend the POPR to remove reference to the CANPASS Air and CANPASS Private Boats programs, as both programs were discontinued by the Agency in April 2018.

Finally, the CBSA has proposed amendments to the Reporting of Imported Goods Regulations (RIGR) which would require all non-commercial air passenger conveyance operators, who are not TTP members, to provide information on the flight’s arrival and a description of all the goods on board, within a defined timeframe. These amendments would also allow operators to report this information to the CBSA orally.

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

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

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

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

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

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

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

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

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

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

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

As part of the discontinuation process for CANPASS Air and CANPASS Private Boats, in 2018 a letter was sent to existing members, advising them that the program(s) would be discontinued; however, their membership and associated benefits would be valid until expiry one (1) year for CANPASS Air and five (5) years for CANPASS Private Boats. Further, the CBSA website was updated to reflect the program changes. Following the discontinuation of both programs, the CBSA received three inquiries, which were responded to. No complaints from the public or program members have been received. As a result, the Agency does not intend to conduct a separate consultation process for this regulatory proposal.

The CBSA intends to consult non-commercial air operators as part of Canada Gazette Part I publishing. The Agency elected not to engage these stakeholders in advance, as the anticipated reaction from impacted groups is expected to be neutral since the amendments would formalize the Agency’s current policies and practices with respect to the reporting of imported goods, and would not impose an additional burden on operators, passengers or travellers on board these aircraft.

The anticipated date for publication in the Canada Gazette Part II, is fall 2022.

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

Graeme Hamilton
Executive Director, Traveller Policy Division
Traveller, Commercial and Trade Policy
Canada Border Services Agency
CBSA.Traveller_Pol-Pol_voyageurs.ASFC@cbsa-asfc.gc.ca

2016-04-01

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

The purpose of the proposal is to:

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

Amendments are required to the following regulations:

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

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

Bill S-233 amended the Customs Act and the Immigration and Refugee Protection Act to align with existing CBSA practices by relieving 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 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.

There are no expected costs on Canadian businesses.

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

Consultation will be conducted through the Consulting with Canadians website.

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

Bill S-233

Graeme Hamilton
Executive Director
Strategic Policy Branch
Canada Border Services Agency
Tel: 343-553-1697
Email: CBSA.Traveller_Pol-Pol_voyageurs.ASFC@cbsa-asfc.gc.ca

2017-04-01

Immigration and Refugee Protection Act (IRPA)

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

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

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

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

Online public consultations were held in February 2020 and closed in March 2020. The amendments were also pre-published in Canada Gazette Part 1 in Summer 2021.

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

Jeff Robertson
Manager
Inadmissibility Policy Unit
Immigration Enforcement and Inadmissibility Policy Division
Tel: 613-286-1750
Jeff.Robertson@cbsa-asfc.gc.ca

2018-04-01

Immigration and Refugee Protection Act (IRPA)

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

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

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

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

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

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

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

The regulations are planned to be pre-published in the Canada Gazette in 2022.

Immigration and Refugee Protection Act
Immigration and Refugee Protection Regulations

Anders Sorensen
A/Manager
Asylum and Irregular Migration Policy
Immigration and Asylum Policy Innovation Division
Canada Border Services Agency
Tel.: 613-697-9346
anders.sorensen@cbsa-asfc.gc.ca

2018-04-01

Immigration and Refugee Protection Act (IRPA)

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

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

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

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

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

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

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

The regulations are planned to be pre-published in the Canada Gazette in 2022.

Immigration and Refugee Protection Act
Immigration and Refugee Protection Regulations

Anders Sorensen
A/Manager
Asylum and Irregular Migration Policy
Immigration and Asylum Policy Innovation Division
Tel: 613-697-9346
anders.sorensen@cbsa-asfc.gc.ca

2018-04-01

Immigration and Refugee Protection Act (IRPA)

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

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

On March 11, 2020, the World Health Organization declared coronavirus disease 2019 (COVID-19) a pandemic, indicating that there is an outbreak of a communicable disease in the majority of foreign countries. Various border restrictions have since been implemented, along with requirements for mandatory self-isolation and quarantine by individuals who are entering Canada from other countries. The proposed amendments provide additional measures to further strengthen Canada’s border management in a global pandemic by allowing MDs to issue removal orders for relatively straightforward inadmissibility cases at ports of entry, rather than having to physically refer them into Canada in order for the IRB to render a final decision.

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

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

An online 30 day public consultation was undertaken from August 24, 2020 to September 22, 2020. The following stakeholders were notified:

• British Columbia Civil Liberties Association
• Canadian Association of Refugee Lawyers
• Canadian Association of Professional Immigration Consultants
• Canadian Bar Association (National Immigration Law Section)
• Office of the United Nations High Commissioner for Refugees
• Barreau du Québec
• University of Toronto, International Human Rights Program
• Justice for Children and Youth
• Amnesty International
• Human Rights Foundation
• Department of Justice, Criminal Law Policy Section
• Office of the Privacy Commissioner of Canada
• Canadian Centre for Policy Alternatives
• David Asper Centre for Constitutional Rights
• Federation of Law Societies Canada
• Ontario Human Rights Commission
• Canadian Association of Chiefs of Police
• Canadian Taxpayers Federation

2020 Spring Reports of the Auditor General of Canada to the Parliament of Canada: Report 1 - Immigration Removals
Senate Report: Vigilance, Accountability and Security at Canada's Borders
Immigration and Refugee Protection Act
Immigration and Refugee Protection Regulations

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

2018-04-01

Immigration and Refugee Protection Act (IRPA)

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 will be conducted with a view to identifying additional potential amendments to address noteworthy gaps, and ensure continued alignment with other relevant legislative provisions.

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

There are no expected impacts on Canadians or businesses.

Online public consultations were held in May 2021 and closed in July 2021.

Immigration and Refugee Protection Act
Immigration and Refugee Protection Regulations

Julie Bossé
Manager
Integrity Policy Unit
Immigration Facilitation and Enforcement Policy Division
Tel: 613-946-4305
Julie.Bosse@cbsa-asfc.gc.ca

2020-12-08

Immigration and Refugee Protection Act (IRPA)

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

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

There are no expected impacts on Canadians or businesses.

Public and stakeholder consultations are expected to be undertaken in 2022.

Immigration and Refugee Protection Act
Immigration and Refugee Protection Regulations

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

TBD

Immigration and Refugee Protection Act (IRPA)

A potential regulatory amendment to subsection 231 (2) of the Immigration and Refugee Protection Regulations to remove reference to countries that are designated under subsection 109.1 (1) of the IRPA (designated countries of origin (DCO).

Regulatory cooperation efforts do not apply.

There are no expected impacts on Canadians or businesses. Changes to this proposal is limited to the regulatory framework applicable to foreign nationals.

Public and stakeholder consultations are unnecessary as a public announcement was made in May 2019 to remove all countries from the DCO list. This had the effect of suspending the DCO policy until it can be repealed through legislative changes.

Immigration and Refugee Protection Act
Immigration and Refugee Protection Regulations

Julie Bossé
Manager
Integrity Policy Unit
Immigration Enforcement and Inadmissibility Policy Division
Tel: 613-946-4305
julie.bosse@cbsa-asfc.gc.ca

2020-12-08

Immigration and Refugee Protection Act (IRPA)

A regulatory review of the stay of removal regulations will be undertaken with a particular focus on the public policy considerations.

Regulatory cooperation efforts do not apply.

There are no expected impacts on Canadians or businesses. Changes to this proposal is limited to the regulatory framework applicable to foreign nationals.

Public and stakeholder consultations are expected to be undertaken during the 2021 to 2022 fiscal year.

Immigration and Refugee Protection Act
Immigration and Refugee Protection Regulations

Julie Bossé
Manager
Integrity Policy Unit
Immigration Enforcement and Inadmissibility Policy Division
Tel: 613-946-4305
julie.bosse@cbsa-asfc.gc.ca

2020-12-08

Customs Act

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

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

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

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

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

Bonnie Paradis
Senior Program Advisor
Commercial and Trade Branch
(343) 553-1902
bonnie.paradis@cbsa-asfc.gc.ca

2019-04-01

Customs Act

Amendments to existing regulations made under the Customs Act are necessary to enforce the Canada-Israel Free Trade Agreement as amended by the Canada-Israel Free Trade Amending Protocol 2018. These regulations would codify into Canadian law the commitments related to customs procedures that have been negotiated in the Appendix to this Protocol. More information can be found in Customs Notice 19-18.

These regulatory amendments align customs procedures as agreed to by Canada and Israel through the Canada-Israel Free Trade Amending Protocol 2018.

Through the use of Customs Notice 19-18, the CBSA has been administering the customs procedures of the agreement since the Protocol’s implementation on September 1, 2019. The aforementioned procedures affect importers, exporters and producers. The proposed regulatory initiative does not introduce new business impacts.

As these regulations would codify into Canadian law the customs procedures agreed to in the Canada-Israel Free Trade Amending Protocol 2018 and which have been administered through Customs Notice 19-18 since September 1, 2019, no consultations were undertaken.

For more information please consult the Canada-Israel Free Trade Amending Protocol 2018.

Bonnie Paradis
Senior Program Advisor
Programs Branch
(343) 553-1902
bonnie.paradis@cbsa-asfc.gc.ca

2020-12-08

Customs Act

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

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

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

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

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

Bonnie Paradis
Senior Program Advisor
Commercial and Trade Branch
(343) 553-1902
bonnie.paradis@cbsa-asfc.gc.ca

2019-04-01

Customs Act

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

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

N/A

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

• Reduced Burden for Trade Partners
• Increased Government of Canada (GoC) Revenues and
• Increased CBSA Efficiency.

Overall, it is expected that CARM will provide the trade chain community with simple self-service tools, giving them more visibility and control over their importation process.

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

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

• 30 Trade Chain Partner Working Group Consultation Sessions
• 15 Trade Chain Partner Working Group Monthly Calls
• 58 TCP Sub-Working Group Deep-Dive and/or Trade Chain Partner Technical Working Group Sessions
• 150 Engagement Events (targeted audience and/or association events) and
• 38 additional outreach events

The proposed regulations are to be in place by CARM Release 2. It is important to note that many of the proposed regulatory amendments are contingent on having legislative amendments to the Customs Act in place prior to the regulatory changes.

Janine Harker
Director
Strategic Policy Branch
Canada Border Services Agency
Tel.: 519-551-3313
Janine.Harker@cbsa-asfc.gc.ca

2020-12-08

Customs Act

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

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

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

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

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

Bonnie Paradis
Senior Program Advisor
Commercial and Trade Branch
(343) 553-1902
bonnie.paradis@cbsa-asfc.gc.ca

2019-04-01

Customs Act

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

The CBSA is exploring potential amendments to the Reporting of Imported Goods Regulations that may include, but are not limited to, mandating advance electronic data for all shipments imported into Canada through the Courier Low Value Shipment (CLVS) Program in accordance with the timeframes and manner to be prescribed in the regulations.

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.

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

To be commenced in 2022 to 2023.

WCO Cross-Border E-Commerce Framework of Standards (PDF)

Janine Harker
Director
Strategic Policy Branch
Canada Border Services Agency
Tel.: 519-551-3313
Janine.Harker@cbsa-asfc.gc.ca

2020-12-08

Customs Act

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

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

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

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

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

Bonnie Paradis
Senior Program Advisor
Commercial and Trade Branch
(343) 553-1902
bonnie.paradis@cbsa-asfc.gc.ca

N/A

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

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

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

The Regulations supporting Part 1 of the PCA, 2016 which updates and expands the framework for US preclearance operations in Canada, were published as Preclearance in Canada Regulations, SOR/2019-183 on June 4, 2019.

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

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

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

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

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

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

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

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

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

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

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

Alyssa Herage
Executive Director, Travellers Policy and Program Development
Canada Border Services Agency
Alyssa.Herage@cbsa.asfc.gc.ca

2020-12-08

Immigration and Refugee Protection Act (IRPA)

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

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

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

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

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

Public and stakeholder consultations on the proposed regulatory amendments were undertaken in November 2020 via the Canada Border Services Agency website, as well as with the following stakeholders:

• British Columbia Civil Liberties Association
• Canadian Association of Refugee Lawyers
• Canadian Association of Professional Immigration Consultants
• Canadian Bar Association
• Canadian Civil Liberties Association
• Canadian Council for Refugees
• Federation of Law Societies of Canada
• Amnesty International
• Centre for Immigration Policy Reform
• Human Rights Foundation
• Refugee Law Office
• Justice for Children and Youth
• Canadian Policy Association
• Schulich Executive Education Centre
• Canadian Association of Chiefs of Police
• University of Victoria

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

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

2018-04-01

Immigration and Refugee Protection Act (IRPA)

In April 2018, the Canada Border Services Agency (CBSA) received correspondence from the Standing Joint Committee for the Scrutiny of Regulations (SJC) 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 SJC.

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

There are no substantive impacts envisioned on Canadians, travelers, governments, or businesses.

Consultations have not yet been undertaken with stakeholders.

No additional risks or considerations have been identified.

Julie Bossé
Manager
Policy Integrity Unit
Immigration Facilitation and Enforcement Policy Division
613-946-4305
julie.bosse@cbsa-asfc.gc.ca

2021-04-01

Customs Act

The purpose of the proposal is to:

• create flexibility in the requirement for returning residents that are within their personal exemption limit to report the total value of their imported goods in Canadian dollars

Amendments are required to the following regulations:

• Returning Persons Exemption Regulations

The Customs Act requires that all persons arriving in Canada report imported goods to the Canada Border Services Agency (section 12). Currently, regulation requires returning residents who are within their personal exemption limits to report the total 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 Canada Border Services Agency (CBSA) is seeking to create flexibility in this requirement. Specifically, regulatory amendments would establish circumstances where travellers would be able 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.

The established circumstances would be instances in which a returning resident reports their imported goods and satisfies presentation requirements by telecommunication.

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.

There are no expected costs on Canadian businesses.

Consultation will be conducted through the Consulting with Canadians website.

Graeme Hamilton
Executive Director
Strategic Policy Branch
Canada Border Services Agency
Tel: 343-553-1697
Email: CBSA.Traveller_Pol-Pol_voyageurs.ASFC@cbsa-asfc.gc.ca

2021-04-01

Customs Act

Amendments to existing regulations made under the Customs Act related to the low value shipment (LVS) threshold and proof of origin requirements for goods imported into Canada are necessary to align the LVS threshold for expedited customs clearance across all Canada Border Services Agency (CBSA) commercial programs. The proposed regulatory amendments flow from decision to raise LVS thresholds for express shipments, in accordance with Article 7.8 of the Canada-United States-Mexico Agreement (CUSMA).

To comply with the CUSMA LVS threshold obligation, only regulatory amendments relating to the CBSA Courier Low Value Shipment (CLVS) Program, such as the Accounting for Imported Goods and Payment of Duties Regulations, are required to reflect the CAN$3,300 threshold. However, the CBSA has long administered a harmonized LVS threshold in the import stream, providing beneficial accounting procedures that facilitate the processing of LVS shipments not limited to the CLVS Program.

Therefore, references to thresholds in paragraphs 6(1)(a) and (b), 7(2.1)(d), paragraphs 8(a), 8.2(d), 10(a) and (b) and section 10.31 of the Accounting for Imported Goods and Payment of Duties Regulations, as well as paragraph 4(c) of the Fees in Respect of Mail Regulations, and subsections 6(4), 9.1(4), 10(4), and 12.1(4) of the Proof of Origin of Imported Goods Regulations must be amended to reflect an estimated value for duty not exceeding CAD$3,300.

In addition, paragraphs 6(4)(b), 9.1(4)(b), 10(4)(b) and 12.1(4)(b) of the Proof of Origin of Imported Goods Regulations will be repealed for eligible goods claiming preferential treatment under all of Canada’s free trade agreements currently in force, in addition to CUSMA. Importers and owners of commercial goods, for which the estimated value for duty does not exceed CAN$3,300, and for which the benefit of preferential treatment under a free trade agreement is claimed, will no longer be required to provide a (written) statement certifying that the goods are originating in order to be exempt from the requirements of subsection 35.1(1) of the Customs Act.

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

The alignment will facilitate trade for low value shipments for the importer, broker, and carrier community, maintaining the structure and consistency of application established in the administration of previous, lower, LVS thresholds. There are no significant impacts on international trade or investments required to enact these changes.

As was the case with previous threshold increases in 1995 and 2013, these regulatory changes provide a relieving effect on small, medium and large enterprises, as well as on Canadian importers. Industry has encouraged and been highly supportive of these changes that help to facilitate trade.

Maintaining a harmonized LVS threshold has streamlined operations for the CBSA, facilitated trade for importers, and is supported by industry, based on sustained outreach since the signing of the CUSMA.

Further consultations are not required.

Customs Notice 20-15
For more information on the CUSMA, please access the CUSMA Summary.

Stéphanie Brière
Manager
Commercial and Trade Branch
Tel.: 613-404-1646
Email: stephanie.briere@cbsa-asfc.gc.ca

2021-04-01

Customs Act

The amendments to the Valuation for Duty Regulations are intended to clarify what is a sale for export to Canada – where the value for duty of imported goods is to be based on the sale that brings the goods into Canada and not an earlier sale between foreign entities. In doing so, the proposed regulatory amendments will define the term “sold for export to Canada” and address the existing regulatory loophole that unduly benefits non-resident importers (NRIs) with minimal operations and investments in Canada.

The amendments will ensure that the price in a sale of goods between two foreign entities is not eligible to be used as the basis for the value for duty (VFD) calculation if an agreement to sell goods to a person in Canada (i.e. a resident or non-resident with permanent establishment in Canada) exists before those goods are imported.

The amendments are expected to re-establish a level playing field among all importers, provide greater certainty and predictability to the importing community and ensure Canada continues to abide to its World Customs Organization international obligations.

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

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

Public consultations on the proposed regulatory amendments will be undertaken in the 2022 to 2023 fiscal year via the Consulting with Canadians website as well as the Canada Border Services Agency website.

Customs Act
Valuation for Duty Regulations

Janine Harker
Director
Strategic Policy Branch
Tel.: 519-551-3313
janine.harker@cbsa-asfc.gc.ca

2021-04-01

Customs Act

The purpose of this proposal is to:

• Mandate that all operators of aircraft arriving at Air Ports of Entry (AOEs) staffed by the Canada Border Services Agency (CBSA), other than those flying an aircraft on a regular schedule or predetermined charter schedule, provide the CBSA with their anticipated time and place of arrival, as well as information about the aircraft and the number of persons onboard. This information would be required in writing and in a specific timeframe.

Amendments are required to the following regulations:

• Reporting of Imported Goods Regulations

Under the current regulatory framework, the requirement to provide advance notification of arrival differs depending on the number of persons carried on board the aircraft. While the Reporting of Imported Goods Regulations (RIGR) specify that the operator of an aircraft carrying 30 or more persons, other than those flying on a regular schedule or predetermined charter schedule, must provide advance notification prior to their anticipated arrival time, no such requirement exists for operators of flights with less than 30 persons on board.

The proposed regulatory amendments will allow the CBSA to satisfy historical operational readiness challenges resulting from the incongruent advance notification framework, while having sufficient time to prepare for border clearance. The proposed regulatory amendments would avoid extended queuing of aircraft and passengers on the tarmac until Border Services Officers (BSOs) become available to conduct primary processing.

Further, they would enable the CBSA to plan more appropriate shift scheduling which better responds to incoming volumes. Shift scheduling is a key element of CBSA operations, as officers may need to be reassigned from other duties and possibly travel to the Fixed Base Operation (FBO) to clear the arriving flight in a timely manner. This may also require arranging overtime, especially if the flight arrives close to the end of daily operational hours. The Agency must ensure that it has a sufficient number of officers to process all arriving travellers at the AOE.

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 requirements of international partners, including the United Kingdom and the United States.

This proposal would not result in any costs to the CBSA. However, it is anticipated that it would result in minor costs for stakeholders. This proposal would not require investment to collect any new information. Rather, aircraft operators would simply be submitting information that is readily accessible to them.

The CBSA initiated engagement with impacted stakeholders in May 2021 and January 2022 through an email sent to private operator associations including the Canadian Pilots and Operators Association (COPA), the Canadian Business Aviation Association (CBAA), and the Air Transport Association of Canada (ATAC). Stakeholders were provided until June 2021 and end of January 2022, respectively, to provide input via email on the regulatory proposal. No feedback was received from consulted stakeholder groups, including any concerns with a proposed implementation date.

Further consultation will be conducted through the Consulting with Canadians website.

Social media, including Facebook and Twitter, will be leveraged to communicate the updated advance notification requirements.

Graeme Hamilton
Executive Director
Strategic Policy Branch
Canada Border Services Agency
Tel: 343-553-1697
CBSA.Traveller_Pol-Pol_voyageurs.ASFC@cbsa-asfc.gc.ca

2022-04-01

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

The purpose of this proposal is to:

1. Allow travellers reporting goods to the Canada Border Services Agency (CBSA) in an alternate manner to do so by telecommunication.
2. Allow travellers reporting imported or exported currency and monetary instruments to the CBSA through an alternate manner of presentation to do so by telecommunication.

Amendments are required to the following regulations:

• Reporting of Imported Goods Regulations
• Cross-border Currency and Monetary Instruments Reporting Regulations

The Customs Act requires that all persons arriving in Canada report imported goods (section 12). Currently, regulations permit travellers to satisfy this requirement through alternate manners. When doing so, travellers must report their goods through telephone or radio.

The Bill proposes to amend the Customs Act to enable the electronic administration and enforcement of its associated provisions. The aforementioned proposed regulatory amendments are required to carry out the intent of the changes made to the Customs Act and update prescriptive regulatory provisions to allow travellers satisfying their presentation and reporting requirements through an alternate manner to do so via electronic means.

Furthermore, to ensure alignment between regulations administered and enforced by the CBSA, the Agency will collaborate with the Department of Finance to pursue corresponding amendments to the Cross-border Currency and Monetary Instruments Reporting Regulations. These amendments would ensure that travellers satisfying their currency and monetary instruments reporting obligations through an alternate manner may do so via electronic means instead of exclusively through radio or telephone.

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 presentation and reporting requirements.

There are no expected costs on Canadian businesses.

Social media, including Facebook and Twitter, will be leveraged to expand the reach of messaging concerning the updated reporting requirements for travellers who enter Canada through alternate means.

Consultation will be conducted through the Consulting with Canadians website.

Graeme Hamilton
Executive Director
Strategic Policy Branch
Canada Border Services Agency
Tel: 343-553-1697
CBSA.Traveller_Pol-Pol_voyageurs.ASFC@cbsa-asfc.gc.ca

2022-04-01

Immigration and Refugee Protection Act (IRPA)
Customs Act

The purpose of this proposal is to:

1. Remove the requirement for international to international transiting travellers to present to the Canada Border Services Agency (CBSA) for examination, either in-person or via a kiosk;
2. Define a “designated holding area” within the immigration framework; and
3. Require commercial air carriers to provide the CBSA with travellers’ in-transit status as part of the transmission of Advance Passenger Information (API)

Amendments are required to the following regulations:

• Immigration and Refugee Protection Regulations
• Passenger Information (Customs) 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, whichrequires 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 mandate the provision of in-transit status from commercial air carriers, including the travellers’ place/port of onward foreign destination. The proposed amendment is authorized by section 148(1)(d) of the Immigration and Refugee Protection Act, which requires a person who owns or operates a vehicle to provide prescribed information, and section 107.1(1) of the Customs Act, which provides the Minister with authority to require any prescribed person or prescribed class of persons to provide prescribed information about any person on board or expected to be on board a conveyance.

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 (API) requirements.

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.

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.

Consultation will be conducted through the Consulting with Canadians website.

In addition, the CBSA maintains a consultation network with air industry stakeholders which will continue to be leveraged as part of this proposal.

Not applicable

Graeme Hamilton
Executive Director
Strategic Policy Branch
Canada Border Services Agency
Tel: 343-553-1697
CBSA.Traveller_Pol-Pol_voyageurs.ASFC@cbsa-asfc.gc.ca

2021-04-01

Immigration and Refugee Protection Act (IRPA)

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 and survivors 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 while considering t victims and survivors of GBV. Potential amendments also support the Government of Canada commitments related to GBV as outlined in the 2021 Speech from the Throne.

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.

There are no expected impacts envisioned on Canadians, travelers, governments, or businesses.

Public consultations are expected to be undertaken during the 2022 to 2023 fiscal year. The following stakeholders will be notified when public consultations launch:

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

Immigration and Refugee Protection Act
Immigration and Refugee Protection Regulations
National Action Plan to Combat Human Trafficking

Jessica Aldaba
A/Manager
Innovation Policy Unit
Immigration and Asylum Policy Innovation Division
Tel: (613)-355-1389
Email: Jessica.Aldaba@cbsa-asfc.gc.ca

2022-02-15

Immigration and Refugee Protection Act (IRPA)
Customs Act

The purpose of the proposal is to:

1. Mandate the collection of Advance Passenger Information (API) data elements from non-commercial air operators.
2. Prescribe the circumstances, conditions, time, and manner in which the API, and any updates to it, must be provided to the Canada Border Services Agency (CBSA).
3. Mandate the collection of Exit Information from non-commercial air operators.
4. Prescribe the circumstances, conditions, time, and manner in which the Exit Information, and any updates to it, must be provided to the CBSA.
5. Make consequential amendments to regulations that currently reference the advance receipt of information from authorized private and corporate air operators to ensure alignment between requirements.

Amendments are required to the following regulations:

• Passenger Information (Customs) Regulations
• Immigration and Refugee Protection Regulations
• Exit Information Regulations
• Presentation of Persons (2003) Regulations
• Reporting of Imported Goods Regulations

Currently, the CBSA only requires API and 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 section 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 to provide the CBSA with advance information and any updates to it.

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 US API requirements.

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.

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 Exit Information. Additionally, the CBSA external website will be updated to reflect the program changes.

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.

Not applicable

Graeme Hamilton
Executive Director
Strategic Policy Branch
Canada Border Services Agency
Tel: 343-553-1697
CBSA.Traveller_Pol-Pol_voyageurs.ASFC@cbsa-asfc.gc.ca

2022-04-01