CBSA Preclearance in the United States

Summary#

This is a proposed set of rules called the Preclearance in the United States Regulations. It would let the Canada Border Services Agency (CBSA) carry out many of the same immigration, customs and plant inspections on U.S. soil that it now does at Canadian ports of entry. The proposal would also enable a two‑year pilot to move the small Covey Hill, Quebec crossing into an existing U.S. facility at Cannon Corners, New York using $7.4M in federal funding.

What it does#

• Gives CBSA officers the authority to examine travellers and goods in a designated U.S. preclearance area and decide admissibility the same way they would at a Canadian port of entry.
• Adapts parts of the Immigration and Refugee Protection Act (IRPA) and its rules so they work in a preclearance area. The proposal uses the same inadmissibility grounds already in the IRPA — it does not create new criminal or security grounds.
• Keeps certain “outside Canada” functions (like issuing some visas and permits normally done at embassies or consulates) out of preclearance. People who must apply abroad would still have to do so.
• Adapts customs and plant rules so:
  • the correct provincial age of majority for alcohol exemptions applies at preclearance,
  • plant inspection rules list preclearance areas as valid places to inspect.
• Supports a pilot project to relocate the Covey Hill, Quebec port of entry operations into the U.S. facility at Cannon Corners, New York. The two sites are about 200 m apart. The pilot is expected to run in 2024–2025 for two years.
• Estimates minor one‑time and ongoing administrative costs (systems and training) with a present value of $415,018 (annualized $59,080) over a 10‑year window.
• Would come into force on registration if finalized.

Who's affected#

• Travellers who use the crossings being considered for preclearance — they may be examined and cleared before they reach Canada.
• Residents of small border communities near crossings such as Covey Hill, Quebec and Cannon Corners, New York.
• CBSA officers and the agency’s partners, including Immigration, Refugees and Citizenship Canada (IRCC), the Canadian Food Inspection Agency (CFIA) and the Department of Finance, which were involved in preparing the proposal.
• U.S. counterparts such as U.S. Customs and Border Protection (CBP) and the Department of Homeland Security (DHS) because the arrangement requires cooperation on U.S. soil.
• Small businesses are not expected to be affected, according to the proposal.
• Indigenous peoples: the proposal says no impacts are anticipated and that local Indigenous partners will be engaged for the Covey Hill pilot; people physically in the U.S. preclearance area remain subject to U.S. law while there.

Why it matters#

• Faster crossings: legitimate travellers and goods precleared in the U.S. may not need to be re‑checked in Canada, which can speed travel and trade.
• Security before arrival: people or goods found inadmissible can be stopped before they reach Canada, reducing the need for inland enforcement later.
• Cost and infrastructure benefits: preclearance is presented as a possible cost‑effective alternative to repairing or rebuilding small, aging ports of entry — Canada operates 80 small and remote land ports of entry that often need upgrades.
• Pilot test: the Covey Hill → Cannon Corners pilot will show whether land preclearance is operationally and financially practical for other sites.
• Legal and practical limits: some services (like visa applications normally handled at embassies) remain excluded from preclearance; a refusal at preclearance can stop travel to Canada but does not create a Canadian removal order. The arrangement also depends on U.S. agreement and on formal approval steps in Canada.
• This is a proposed regulation (Part I notice). Interested parties were invited to comment within 30 days of the government notice.