CBSA powers to deny entry under emergency orders

Summary#

These are final amendments to the Immigration and Refugee Protection Regulations (instrument SOR/2020-55) that took effect on March 21, 2020 at 00:00:01 a.m. Eastern daylight time. They give border officers new authorities to stop or return people who are blocked from entering Canada under emergency health or quarantine orders, and to change which ports of entry offer which services.

What it does#

• Gives the Canada Border Services Agency the power to prevent entry by people who are barred under an order made by the Governor in Council under the Quarantine Act or the Emergencies Act.
• Allows border officers to direct a person who is arriving from the United States to return temporarily to the United States (a “direct back”). If that person disobeys the direction, the officer can issue an exclusion/removal order right at the port of entry.
• Requires that prohibited people not be carried to Canada by commercial carriers (so airlines, buses, etc., are expected to refuse boarding to those people).
• Gives the Minister of Public Safety and Emergency Preparedness the authority to designate which ports of entry exist and what services are offered there. The rule lists examples of services a port can be designated to handle, including:
  • collection of biometric information;
  • reception of a permanent resident visa to become a permanent resident;
  • reception of applications to extend temporary resident status or to restore temporary resident status;
  • reception of applications for work permits (initial and renewals);
  • reception of applications for study permits (initial and renewals).
• Repeals Schedule 1 of the Regulations (the source text ends there; it does not explain practical effects of this repeal).

Who's affected#

• People trying to enter Canada who may be covered by an order under the Quarantine Act or the Emergencies Act — especially those arriving from the United States.
• The Canada Border Services Agency and its officers, who get new operational powers.
• Commercial carriers (airlines, buses, rail and marine operators) that bring passengers to Canada, because they must not carry prohibited people.
• Travelers whose plans depend on services available at particular ports of entry, since which services are offered can be changed.

If it is unclear whether a specific person or situation is covered, the source does not provide details beyond the broad categories above.

Why it matters#

• These amendments were made quickly to support Canada’s COVID-19 response. They let border officers enforce temporary travel bans more directly instead of relying only on criminal penalties after the fact.
• In practice this can mean someone denied under a public-health order is turned back at the border or prevented from boarding a flight to Canada. That can cause immediate travel disruption.
• The changes let the government change where and how immigration services are delivered at the border to match health and operational needs.
• The Gazette text is administrative and does not explain every detail of how decisions will be applied in individual cases; operational guidance and specific prohibitions come from the separate orders under the Quarantine Act or Emergencies Act.