Transborder Criminality Rule Changes

Summary#

These are proposed changes to the Immigration and Refugee Protection Regulations put forward by the Canada Border Services Agency. The changes would narrow which crimes count as “transborder criminality” at ports of entry and let a delegate of the minister handle straightforward cases instead of sending people into Canada for a hearing. The proposal was published December 16, 2023 and the public can comment for 30 days.

What it does#

• Narrows the list of offences that can trigger transborder inadmissibility so they are only offences that can realistically happen at a port of entry and are serious enough to justify immediate action. Examples named in the proposal include some offences under the Criminal Code, Firearms Act, Customs Act, Controlled Drugs and Substances Act, and Cannabis Act.
• Lets the Minister’s Delegate (MD) issue removal orders at the port of entry for the more straightforward transborder offences, instead of referring every case to the Immigration Division (ID) of the Immigration and Refugee Board for a formal admissibility hearing.
• Removes minor acts (the proposal gives the example of failing to declare groceries) from the transborder inadmissibility list so they would not trigger the same removal process.
• Keeps more complex or evidence-heavy matters (for example, some drug cases needing lab tests, impaired driving, and certain fraud/document offences) with the ID for a full hearing.
• Keeps the current option for border officers to allow someone to withdraw their application to enter Canada in minor cases.

Who's affected#

• Foreign nationals arriving at Canadian ports of entry who are alleged to have committed offences at the border.
• The people most likely to notice the change are travellers stopped at borders, and those whose conduct involves firearms, smuggling, or controlled substances at entry points.
• Operationally, the change affects the Canada Border Services Agency, the Immigration and Refugee Board (ID), and Immigration, Refugees and Citizenship Canada (IRCC).
• Legal and advocacy groups that work on immigration and civil‑liberties issues were consulted; they raised concerns about procedural safeguards and bias.
• The proposal says it does not change modern treaty obligations or the ability of Indigenous travellers to withdraw applications to enter, and that no modern treaty impacts were identified.

Why it matters#

• It aims to speed up how straightforward border offences are handled so fewer people need to be brought into Canada solely for an admissibility hearing. The government says that should reduce detention and hearing costs and cut the risk of people absconding.
• The regulatory analysis estimates current practice leads to about 15 cases a year referred to the ID for transborder criminality; after the change about 3 cases a year would be handled by the MD at the border instead.
• The proposal estimates savings of about $152,439 for the CBSA and $27,391 for the IRB over 10 years (price base year 2023).
• A removal ordered as a result of these transborder offences would be a deportation order, which carries a lifetime bar on returning to Canada unless the Minister allows it.
• Stakeholders flagged concerns about rights to counsel and potential bias against racialized groups; the CBSA says existing safeguards and staff training remain in place.
• This is a proposed regulation (not law yet) and was open for public comment for 30 days after publication.