Transborder criminality rules amended

Summary#

These are final amendments to the Immigration and Refugee Protection Regulations that change how “transborder criminality” (offences committed at the border) is handled. They narrow which offences count and let delegated officials at the border issue removal orders in straightforward cases instead of always sending people into Canada for a hearing. The changes came into force on June 19, 2024.

What it does#

• Rewrites the list of offences that can trigger a transborder criminality finding so it only includes offences that can reasonably happen at a port of entry and that are serious enough to matter. This list now focuses on:
  • indictable offences under the Criminal Code and the Immigration and Refugee Protection Act;
  • certain offences under the Firearms Act;
  • specific offences under the Customs Act related to items such as child pornography, firearms and ammunition, controlled drugs and substances, and cannabis;
  • certain offences under the Controlled Drugs and Substances Act and the Cannabis Act (but not every offence in those Acts).
• Treats offences that can be tried either summarily or by indictment as if they were indictable for the purpose of these rules.
• Changes who can issue removal orders:
  • the Minister’s Delegate (MD) (an official at the port of entry) can now issue deportation orders for a narrower set of straightforward transborder offences, so the person does not have to be brought into Canada for an admissibility hearing.
  • the Immigration Division (ID) of the Immigration and Refugee Board of Canada still handles the more complex cases.
• Keeps an exception for cases already referred to the ID before these rules came into force: those continue under the old rules.
• The amendments took effect on the date of publication in the Canada Gazette, Part II (June 19, 2024).

Who's affected#

• Foreign nationals who commit certain criminal offences at a Canadian port of entry. That includes travelers who are found with illegal firearms, controlled substances, or similar items at the border.
• Border and immigration agencies that apply the rules: Canada Border Services Agency (CBSA), Immigration, Refugees and Citizenship Canada (IRCC), and the Immigration and Refugee Board of Canada (IRB).
• People with minor mistakes at the border (for example, failing to report groceries) are less likely to be treated as transborder criminals under the new, narrower list.
• If it is unclear whether a specific offence is covered, the source explains the list in law; operational details and guidance are to be provided to officers.

Why it matters#

• Faster decisions at the border: straightforward cases can be handled on the spot by a delegated official instead of admitting the person to Canada for a hearing. That means some people can be removed immediately rather than later after a formal hearing.
• Fewer people admitted just for hearings: the change aims to reduce the number of people allowed into Canada solely so they can attend an admissibility hearing and then be removed.
• Resource and cost effects: the government estimates savings of about $152,439 for the CBSA and $27,391 for the IRB over 10 years because fewer hearings and detentions will be needed.
• Protects against treating minor cross-border errors as equally serious as major crimes: the list drops offences that do not reasonably occur at the border (for example, drug production) and some minor violations.
• Safeguards remain: the notice says existing procedural safeguards, training on vulnerable people, the right to counsel when detained, and avenues for judicial review continue to apply. Stakeholders raised concerns about bias and procedural protections; the government says it has training and guidance in place and kept more complex offences with the ID for that reason.
• The changes also align with recent firearms law changes (for example, Bill C-21) by giving stronger tools to enforce certain firearms offences at the border.