Category Archives: Canada Border Services Agency – CBSA

Canada Border Services Agency - CBSA, News

Examining digital devices at the Canadian border

January 9, 2020 nkic

Digital devices

Canada Border Services Agency (CBSA) officers are allowed to examine all goods you have with you when you cross the border. This means that just like your luggage, our officers can examine your cell phones, tablets, laptops and any other digital device you are carrying.

A digital device is defined as any device that is capable of storing digital data, such as:

cell phones
smartphones
computers
tablets
removable media
drives
cameras
smartwatches
any other device capable of storing digital data

Why CBSA examines digital devices?

The CBSA has always had a policy on examination of goods. To provide greater certainty, the Agency now has a dedicated policy on examination of digital devices at ports of entry.

CBSA officers do not always examine digital devices. Our policy is to examine a device only if we think we will find evidence on it that border laws have been broken.

Reasons an officer might examine your digital device(s) include concerns regarding your:

admissibility or admissibility of your goods
identity
failure to comply with Canadian laws or regulations

What to expect if CBSA examines your digital device

A CBSA officer will start with some questions before examining your digital device. To examine the digital device, the officer will first ask for the password which will be written down on a piece of paper. You are obligated to provide your password when asked.

Failure to grant access to your digital device may result in the detention of that device under section 101 of the Customs Act, or seizure of the device under subsection 140 (1) of the Immigration and Refugee Protection Act.

The officer should turn your device on airplane mode to disable its ability to send and receive information. This ensures they can only access information stored on the device.

They will not have access to:

social media
banking websites
emails not stored on the device

The officer will usually examine your device in your presence, unless there are operational considerations that make it inappropriate to do so.

Solicitor-client privileged information

The CBSA is committed to respecting privacy rights while protecting the safety and security of the Canadian border. If a BSO encounters content marked as solicitor-client privilege, the officer must cease inspecting that document. If there are concerns about the legitimacy of solicitor-client privilege, the device can be set aside for a court to make a determination of the contents.

Examining a digital device: What happens next

If no evidence of an infraction (that is, proof that you may be contravening a law) is found, the officer will return your digital device to you, along with your password. You will then be on your way.

If evidence of an infraction is found, the officer may seize your device. If the officer seizes or detains your device, they will explain the process and next steps to you, including your right to contest the seizure.

If the CBSA cannot absolutely determine that the device’s content is admissible at the port of entry, we may detain the device for further examination.

This may take up to 30 calendar days from the date of detention. Once completed, we will return your device, provided we do not find evidence of an infraction. If we do find evidence, we may seize your device.

The CBSA will contact you to arrange the return of your digital device.

The CBSA may seize your device if we determine its contents contain evidence of a contravention of Canadian laws. For example, if the device contains evidence of a crime, contraband or other prohibited or restricted goods, we may seize it.

If this happens, we will notify you about the seizure. We will then explain your options to contest it through the CBSA Recourse Office.

Contesting a seizure

If you wish to file an objection to a CBSA enforcement action, you must file a request for review within 90 days after the date of the enforcement action was taken. Requests for review may be submitted online at: https://www.cbsa-asfc.gc.ca/recourse-recours/menu-eng.html.

Safeguarding Canadians

Whether visiting or returning to Canada, you may be subject to an examination by a CBSA officer to determine your admissibility. This includes any goods or vehicle you bring across the border.

Our officers perform regular examinations to ensure compliance with Canadian laws and regulations, including customs, immigration, and food, plants and animal legislation. If you are subject to an examination, you can expect to be treated in a courteous, dignified, and professional manner.

An examination can be as simple as a few questions to verify your declaration or determine your admissibility to Canada, but it can also include:

more in-depth questions
paperwork processing
examination of your vehicle and your goods
personal searches

Please Contact Us for more information.

Canada Border Services Agency - CBSA, Canadian Temporary Visitors, News

Process for Port of Entry (POE) Examinations of Temporary Residents

June 13, 2019 nkic

Process at POEs

Border services officers must be satisfied that all admissibility requirements have been met before authorizing entry of a foreign national to Canada.

Step 1 – Primary inspection line

The foreign national arrives at a POE and is examined at a primary inspection kiosk or by a border services officer at the primary inspection line.

The foreign national is admitted to Canada if the border services officer or primary inspection kiosk is satisfied that the foreign national meets the admissibility requirements. Otherwise the foreign national is referred for a secondary examination.

Step 2 – Secondary examination

At immigration secondary, a border services officer examines the foreign national, including reviewing documentation and Canada Border Services Agency (CBSA) systems, to determine admissibility.

If the person is admissible, then the officer may do the following (this list is not exhaustive):

stamp the subject’s passport if applicable or requested
issue the appropriate temporary resident document

The border services officer may also require that a deposit be posted to ensure the person complies with the terms and conditions imposed.

If the person is alleged to be inadmissible, then the border services officer

may write a report, per subsection 44(1) of the Immigration and Refugee Protection Act (IRPA), outlining the allegations of inadmissibility and forward it to a Minister’s delegate for review
may issue a temporary resident permit (TRP) to overcome the admissibility temporarily and admit entry to Canada
shall allow the person to withdraw their application and leave Canada if the person chooses to do so; see subsection 42(2) of the Immigration and Refugee Protection Regulations (IRPR) for the exception

Step 3 – Minister’s delegate review

A Minister’s delegate reviews the report of alleged inadmissibility.

If the report is found valid, then the Minister’s delegate upholds the report and decides on the disposition of the case.

The disposition depends on the allegations and circumstances of each case and may include:

referring the case to an admissibility hearing
allowing the person to leave Canada
issuing a TRP
issuing a removal order

The Minister’s delegate may decide if a detention is warranted.

If the report is found not valid, then the Minister’s delegate may take no action on the report and authorize the person to enter Canada, or they may prepare another report with the accurate allegation.

Length of stay

A border services officer at the POE determines the length of time a temporary resident may remain in Canada, per subsection 183(2) of the Immigration and Refugee Protection Regulations (IRPR).

Note: In general, stamps issued by a border services officer at a POE are valid for a period of 6 months from the date of entry. If a client does not receive a stamp in their passport due to being processed through a primary inspection kiosk, the client receives a validity period of 6 months from the date of entry.

If a handwritten date has been placed under the stamp, the period of authorized stay expires on that date. As border services officers are not required to place a stamp in a client’s passport at the primary inspection line or primary inspection kiosk, when a client leaves and seeks re-entry to Canada, the border services officer may elect not to stamp the passport. The subject then receives a 6-month visitor status at the time of the new entry.

If parents and grandparents who possess the temporary resident super visa or letter of introduction have a stamp in their passport with no handwritten date, or if they have no stamp, then the period of authorized stay is 2 years from the date of entry.

See Determining duration of visits for more information.

General conditions

Border services officers at a POE may impose prescribed conditions on a temporary resident at the time of entry.

Conditions are imposed to ensure that the foreign national adheres to the period and purpose for which they sought entry. Conditions also make foreign nationals aware of the need for formal authorization before extending that period or varying the purpose of their stay.

Section R183 outlines the following conditions imposed on every temporary resident:
- They may not engage in work without authorization.
- They may not engage in studies without authorization.
- They must leave Canada by the end of the period authorized for their stay.
Section R184 lists specific conditions imposed on members of a crew.
Section R185 states that an officer may impose, vary or cancel conditions.

Once admitted, temporary residents may apply to do any of the following:

change their conditions
change their status
extend their status within Canada

Please Contact Us for more information.

Canada Border Services Agency - CBSA, Immigration, Refugees, and Citizenship Canada - IRCC, News

New Entry/Exit Program instructions

March 15, 2019 nkic

February 25, 2019

As part of the Perimeter Security and Economic Competitiveness Action Plan with the United States (U.S.), the Government of Canada committed to the Entry/Exit Initiative to collect entry and exit information on travellers entering and departing from Canada.

IRCC will use the information to support the administration of the Immigration and Refugee Protection Act (IRPA), the Citizenship Act and the Canadian Passport Order.

Bill C 21, which allows the Canada Border Services Agency (CBSA) to systematically collect and share routine biographical information on all travellers, including Canadian citizens, received Royal Assent on December 13, 2018. Regulations are expected to come into force by June 2019 for land and June 2020 for air.

Entry/Exit Program

The Entry/Exit Program allows for the collection and sharing of entry and exit information of travellers entering and departing from Canada. Access to entry and exit information in the Global Case Management System (GCMS) will be based on an employee’s security clearance and organizational requirements to carry out day-to-day work activities.

IRCC will obtain accurate and objective entry and exit information from the Canada Border Services Agency (CBSA) to support the administration of the Immigration and Refugee Protection Act, the Citizenship Act and the Canadian Passport Order.

IRCC will be able to query the CBSA’s Entry/Exit Information System directly to

verify residency requirements to process an ongoing application to objectively verify the information provided by the client, such as applications for grants of citizenship (CIT) or permanent resident cards (PR cards)
verify if a temporary residence applicant may have previously overstayed their allowable period of admission in Canada
assist in an investigation into an individual’s entitlement to a Canadian travel document

In addition, IRCC will be able to use entry and exit information to

verify that sponsors are residing in Canada where required by law
verify relationships and compliance with conditions for spouses and partners applying or admitted under the family class
verify if a refugee claimant entered Canada using their travel documents
support investigations into possible fraud in relation to immigration, citizenship, and passport (PPT) and travel document programs
verify residency requirements to validate if a medical examination is required

Entry/Exit use by line of business (LOB)

The entry and exit information will be used for the following application types across all LOBs at IRCC. Officials are to refer to the chart above for data availability timelines, as all LOBs will be implicated differently.

Temporary residence
Permanent residence
Citizenship
Passport

Temporary residence

The following temporary residence application types can use entry and exit data:

temporary resident visas
temporary resident permits
visitor records
work permits and work permit extensions
study permits and study permit extensions
electronic travel authorizations (eTAs)

Entry and exit data can be used to identify if a foreign national has previously exceeded their authorized period of stay in Canada.

Permanent residence

The following permanent residence application types can use entry and exit data:

PR cards
permanent resident travel documents
overseas refugee applications
family class sponsorships

Entry and exit data will be used to outline the periods of time spent in and outside Canada for people applying for permanent residence. This will provide a full picture of whether or not residence has been maintained.

For sponsorship applications, entry and exit data can be used to determine if a sponsor is residing in Canada.

Applications for in-Canada asylum can also use entry and exit data to verify information presented by the claimant.

In-Canada asylum

Claimants’ entry and exit data could be used as a more thorough and robust travel history when there are concerns related to program integrity, credibility and exclusions under Article 1(E) of the United Nations Convention and Protocol Relating to the Status of Refugees. Records could demonstrate inconsistencies with the claimant’s basis of claim narrative, and they could prompt further investigations.

Citizenship

Citizenship applications

Exit and entry data will be used to

verify compliance with physical presence requirements for grants of citizenship contained in subsection 5(1) of the Citizenship Act
assist in the verification of other requirements, such as
- the flagging of potential loss of permanent resident status
- the need for applicants to submit foreign police certificates
- misrepresentation
verify compliance with physical presence requirements for resumption of citizenship contained in subsection 11(1) of the Citizenship Act (physical presence in Canada for at least 365 days during the 2 years immediately preceding the date of application)

Citizenship revocation investigations

Entry and exit data will be used to support administrative investigations into an individual’s acquisition of citizenship. Specifically, data will be used to confirm if the client misrepresented their residence in Canada for the purpose of acquiring citizenship.

Passport

Passport investigations

Entry and exit data will be used to support administrative investigations into an individual’s entitlement to Canadian passport services. For example, data can be used to validate a travel document bearer’s travel history and use of a Canadian travel document to determine if grounds exist to pursue refusal or revocation under the Canadian Passport Order in cases of passport misuse, passport fraud and identity fraud.

Please Contact Us for more information.

Canada Border Services Agency - CBSA, News

Canadian Border Services New Security Screening Measures

May 2, 2016 nkic

Canada’s border services officers are identifying and detaining more people with outstanding arrest warrants at Canadian border crossings after making changes to the way travelers are checked for security risks.

Officer who work on the front lines of Canada’s borders were given access to police information late last year, after a CBC News investigation revealed they couldn’t screen travellers against Canadian police records, such as outstanding warrants.

New numbers obtained by CBC News show that in the first month after the Canadian Police Information Centre (CPIC) database was introduced at primary inspection points, it flagged 1,800 cases in which travellers had outstanding warrants against them.

While some warrants were for minor infractions, such as outstanding fines, a quarter of the referrals were related to criminal offences and resulted in “further action,” according to the Canada Border Services Agency (CBSA).

Arrests across Canada

In some cases, they were people who had eluded police for some time.

In March, police records contained in the CPIC database helped border services officers at Toronto Pearson International Airport identify a suspect in a fatal arson in Woodstock, Ont. Jeyakumar Shanmuganathan, 43, had allegedly fled Canada in 2011, but when he tried to re-enter the country after a flight from Sri Lanka on March 2, he was flagged and arrested.

At the same Toronto airport last month, a woman travelling from Jamaica was flagged by CPIC while attempting to enter Canada. Police said she had failed to appear for fraud charges in Barrie, Ont., in 1996, and avoided authorities for 20 years.

Similarly, border services officers at a New Brunswick border crossing in January were able to identify and arrest a suspect in a series of sexual assaults dating back to the 1980s.

Heidi Illingworth, executive director of the Canadian Resource Centre for Victims of Crime, told CBC News she expects more arrests could result from the increased screening resources.

In an email, she wrote, “Victims often yearn for justice even many years after the crime so if the authorities can finally try to hold someone accountable for the harm they’ve caused — that is a good thing.”

Officers who do the primary inspection of travelers at Canadian borders have now had access to the CPIC database since November 2015.

The change came after CBC News reported on a case where a man charged with sexual assault in Canada was able to re-enter the country without being arrested at the border.

A further investigation revealed that although U.S. border services officers used Canada’s national police database to help screen all travellers into that country, officers at primary inspection points in Canada did not have access to it.

Border officers pleased

Canadian officers working the front lines of border checkpoints could access information about people being sought by immigration authorities, or those with lost, stolen or fraudulent passports. But until last year, other databases, such as CPIC, were only made available to officers at a secondary screening where more thorough checks are conducted.

That meant that a person coming into Canada had to first be deemed suspicious by a front-line border agent in order to get fully screened against Canadian police warrants by another agent at a secondary checkpoint. The idea was to save time at the border.

After lobbying the government to make the CPIC tool available at all levels of border inspection, the head of the union representing Canada’s border services officers says his members are pleased with the changes.

Jean-Pierre Fortin, of the Customs and Immigration Union, said the old system meant that in some cases, front-line services officers “didn’t have a clue” about the identities of the people they were letting into the country.

Now, with full CPIC access, he said, border services officers are “way more efficient” in ensuring “that if there’s an outstanding warrant, immediately, there’s action that’s being taken.”

Senate calls for more screening

This new screening system arrived years after a Nigerian priest, who had been charged with sexual assault in Canada, was allowed back into the country, unhindered, despite an outstanding Canadian warrant for his arrest.

As CBC News reported last year, Father Anthony Onyenagada is accused of assaulting a female parishioner at a southern Ontario Catholic church he visited in 2004.

By the time charges were laid against him and a warrant was issued for his arrest, Onyenagada had left the country. Police assured the woman that the priest would be arrested if he ever tried to re-enter Canada.

But nearly 10 years later, the woman found out that he had returned and left the country again, without being arrested.

The woman complained to the CBSA, but the agency has offered no apology for allowing Onyenagada through the border.

A 2015 Senate report, released before the CBSA changes took effect, said that around 44,000 people were in Canada illegally last year, and that in some cases, the government had lost track of them. The report called for more rigorous screening of visitors and immigrants to the country.

Please Contact Us for more information.

By Sarah Bridge, John Lancaster, Jennifer Fowler, CBC News

NK Immigration Consultants

Category Archives: Canada Border Services Agency – CBSA

New Entry/Exit Program instructions

Entry/Exit Program

Entry/Exit use by line of business (LOB)

Temporary residence

Permanent residence

In-Canada asylum

Citizenship

Citizenship applications

Citizenship revocation investigations

Passport

Passport investigations

Global Immigration Consulting Services