Minister can limit immigration services by class

Summary#

The Regulations Amending the Immigration and Refugee Protection Regulations (Ports of Entry) clarify that the Minister of Public Safety and Emergency Preparedness can limit certain immigration services at specific border crossings to particular classes of foreign nationals. The changes came into force on December 18, 2024.

What it does#

• Makes explicit that the Minister of Public Safety and Emergency Preparedness can decide whether certain services are offered to a specified class of foreign nationals at a specified port of entry, not just to all people or to everyone.
• Lists the types of services that can be targeted to a class of people:
  • biometric collection;
  • processing of work permit applications;
  • processing of study permit applications;
  • processing of some temporary resident applications; and
  • processing of a foreign national seeking permanent resident status.
• Confirms the change is part of the Immigration and Refugee Protection Regulations and is already in force as of December 18, 2024.
• Notes the rule is intended to let the Canada Border Services Agency (CBSA) manage busy ports of entry without applying broad restrictions to all travellers.

Who's affected#

• People who try to get immigration services at the border, especially those who “flagpole” — exit to the United States and re-enter Canada quickly to apply for permits at a port of entry.
• Temporary residents seeking same-day processing of work or study permits at the border.
• People seeking to confirm permanent resident status at ports of entry.
• The Canada Border Services Agency and staff who run ports of entry.
• Immigration, Refugees and Citizenship Canada (IRCC) indirectly, because some people may be pushed to use IRCC inland processes instead of border processing.
• The general travelling public (including asylum claimants, Canadian citizens and permanent residents) may benefit if targeted restrictions reduce congestion. If it is unclear who will be listed as a “class” in future decisions, some impacts remain uncertain.

Why it matters#

• It gives border managers a tool to reduce congestion and focus resources on core functions, like processing asylum claims and facilitating safe travel and trade.
• Targeted limits can make service at busy crossings more predictable and reduce long waits and safety problems that had been linked to flagpoling.
• For people in a targeted class, it could mean needing to apply at different times, at other ports, or through IRCC inside Canada instead of at the border.
• The amendment was made without public consultation, so how broadly the power will be used in future and which groups will be affected depends on later decisions.