Safe Third Country rules extended to land crossings

Summary#

These are final changes to the Immigration and Refugee Protection Regulations published as SOR/2023-58 (Canada Gazette, Part II) on April 12, 2023. They make the rules for who can claim refugee protection at the Canada–U.S. land border apply to people who cross between official ports of entry and then make a claim within 14 days of crossing. The rules take effect when the related Additional Protocol between Canada and the United States enters into force.

What it does#

• Clarifies several definitions used for deciding who can be sent back to the United States to claim asylum, including a new, clear definition of “stateless person.”
• Adds a new definition of “prior claim” for certain refugee‑claim situations.
• Expands where the Safe Third Country rules apply so they cover people who cross the Canada–U.S. land border (including internal waterways) at locations that are not ports of entry, if they make a refugee claim within 14 days of entering.
• Keeps exceptions and exemptions (the situations that would still allow someone to make a claim in Canada) but adjusts the wording and placement of those rules so they work with the expanded coverage.
• States that the amendments come into force on the day the Additional Protocol to the Canada–U.S. agreement on refugee claims enters into force.

Who's affected#

• People trying to make a refugee claim in Canada after coming from the United States, especially those who cross the border between official ports of entry and then make a claim within 14 days.
• People who are stateless — the regulations now include a specific definition that affects whether they are exempted from the Safe Third Country rules.
• Frontline officers and agencies who process and decide refugee claims, specifically Immigration, Refugees and Citizenship Canada (IRCC) and the Canada Border Services Agency (CBSA).
• Law enforcement and border services that patrol the land border, notably the Royal Canadian Mounted Police (RCMP) and local police forces in border communities.
• Border communities and some Indigenous communities near the border, which the government says may see changes in migration routes or enforcement activity.

Why it matters#

• The change extends the practical reach of the Canada–U.S. Safe Third Country arrangement so people who cross between ports and promptly claim asylum can be treated the same as those who arrive at official ports. The government intends this to discourage irregular crossings and make handling of claims more consistent across the border.
• The government estimates implementation costs of about $61.5 million in present value over 10 years. That breaks down roughly into transition costs of about $0.56 million, upfront capital costs of about $1.28 million, and ongoing processing and enforcement costs of about $59.61 million (these figures come from the regulatory impact statement).
• The changes may reduce the number of people making irregular crossings, according to the government’s objective. But the source also says the actual effect on asylum volumes is uncertain and depends on how migration patterns change.
• There are potential safety and enforcement consequences: the government warns that people who still try to evade the rules could face greater danger (for example by using smugglers or taking remote routes), and that local police and the RCMP could see increased demands in some areas.
• The rules only take effect once the bilateral Additional Protocol is in force; until that happens, the previous application of the Safe Third Country rules remains.