Transborder criminality: removals at border

Summary#

These are proposed amendments to the Immigration and Refugee Protection Regulations (IRPR), published in the Canada Gazette on December 16, 2023, that would tighten which crimes committed at the border count as “transborder criminality” and let immigration officials at the border issue removal orders for the most straightforward cases instead of referring them into Canada for a hearing. Interested people had 30 days from publication to send comments; this is a proposal, not law.

What it does#

• Narrows the list of offences that can trigger transborder criminal inadmissibility. It limits them to offences that can reasonably happen at a port of entry and to more serious cross‑border crimes. The proposal targets laws such as the Criminal Code, the Firearms Act, the Customs Act, the Controlled Drugs and Substances Act, and the Cannabis Act.
• Shifts authority in simple, clearly provable cases from the Immigration Division (ID) of the Immigration and Refugee Board of Canada (IRB) to a Minister’s Delegate (MD) (an official in the Canada Border Services Agency (CBSA) or Immigration, Refugees and Citizenship Canada (IRCC)) so removal orders can be made at the port of entry.
• Keeps complex or evidence‑heavy cases (for example, those needing lab tests, or certain drug or impaired driving offences) with the ID for a full admissibility hearing.
• Removes minor offences (the example given is failing to report small purchases like groceries) from the transborder framework so those would no longer be grounds for a removal order under this provision.
• Preserves existing options and safeguards at the border, including the ability for an officer to allow a person to withdraw their application to enter Canada rather than face a removal process.
• Transitional rule: cases already referred to the ID before these rules come into force would continue under the old rules.

Who's affected#

• Foreign nationals who commit offences at Canadian ports of entry — travellers crossing the border who are found to have committed certain firearms, customs, drug, or related offences.
• Border staff and agencies: Canada Border Services Agency (CBSA) officers and the MDs who would be given expanded authority, as well as the Immigration Division (ID) and the Immigration and Refugee Board of Canada (IRB), which would see fewer routine transborder cases.
• Immigration, Refugees and Citizenship Canada (IRCC) is involved in policy and was consulted. The proposal also links to legislative changes considered in Bill C‑21 (related to firearms), which could shift policy responsibility toward the Minister of Public Safety.
• Legal and civil‑society groups who commented during consultations — they raised concerns about procedural safeguards and potential bias. The proposal says existing safeguards and training would remain in place.

Why it matters#

• Faster decisions at the border: fewer people would be admitted into Canada only to attend an admissibility hearing, which can be slow and costly.
• Practical consequences for travellers: certain transborder offences could lead to an immediate deportation order at the port of entry. A deportation order generally carries a lifetime bar on re‑entry unless the Minister allows return.
• Small expected system savings: the federal analysis estimates about $152,439 saved by the CBSA and $27,391 by the IRB over 10 years (price base year 2023) because fewer hearings and detentions would be required.
• Public‑safety and integrity aims: the government says this will focus resources on more serious cross‑border crimes, reduce the number of people who enter Canada only to be removed, and lower the risk of absconding.
• Safeguards and rights remain contested: stakeholders warned about procedural protections and potential bias against racialized groups; the proposal notes training and existing safeguards and confirms judicial review remains available.