Forward Regulatory Plan: 2024 to 2026

Customs Act

Amendments to existing regulations as well as the implementation of new regulations related to verification of origin procedures pursuant to the Customs Act, are necessary to enforce the Canada-Korea Free Trade Agreement (CKFTA). These regulations would codify into Canadian law the commitments related to customs procedures that have been negotiated in the CKFTA. The particulars of which can be found in Customs Notice 14-033 -Proposed Regulatory Amendments and Proposed New Regulations Related to the Implementation of the Canada-Korea Free Trade Agreement.

These regulatory amendments align customs procedures as agreed to by Canada and Korea through the Canada-Korea Free Trade Agreement.

Through the use of Customs Notice 14-033, the CBSA has been administering the customs provisions of the agreement since the agreement's implementation on January 1, 2015. The aforementioned provisions affect importers, exporters and producers. The proposed regulatory initiative does not introduce new business impacts.

As these regulations would codify into Canadian law the customs procedures agreed to in the free trade agreement and which have been administered through Customs Notice 14-033 since January 1, 2015, no consultations were undertaken.

For more information, please consult the Final Agreement Summary.

Bonnie Paradis
Senior Program Advisor
Commercial and Trade Branch
(343) 553-1902
bonnie.paradis@cbsa-asfc.gc.ca

2015-04-01

Customs Act

Amendments to the Proof of Origin of Imported Goods Regulations made under the Customs Act are necessary to enforce the Canada-Korea Free Trade Agreement (CKFTA). These regulations would codify into Canadian law the commitments related to proof of origin that have been negotiated in the CKFTA. The Regulations are being amended to subject goods imported from Korea to the same proof of origin requirements as goods imported from a NAFTA country. The other amendments to the Proof of Origin of Imported Goods Regulations create exemptions and alternatives to the general proof of origin requirement. The particulars of each of these amendments can be found in Customs Notice 14-033 - Proposed Regulatory Amendments and Proposed New Regulations Related to the Implementation of the Canada-Korea Free Trade Agreement.

These regulatory amendments align customs procedures as agreed to by Canada and Korea through the Canada-Korea Free Trade Agreement.

Through the use of Customs Notice 14-033, the CBSA has been administering the customs provisions of the agreement since the agreement's implementation on January 1, 2015. The aforementioned provisions affect importers, exporters and producers. The proposed regulatory initiative does not introduce new business impacts.

As these regulations would codify into Canadian law the customs procedures agreed to in the free trade agreement and which have been administered through Customs Notice 14-033 since January 1, 2015, no consultations were undertaken.

For more information on the Canada-Korea Free Trade Agreement, please access the Final Agreement Summary

Bonnie Paradis
Senior Program Advisor
Commercial and Trade Branch
(343) 553-1902
bonnie.paradis@cbsa-asfc.gc.ca

2015-04-01

Customs Act

The Canada Border Services Agency (CBSA) has continually sought to modernize the cargo control and sufferance warehouse programs to achieve greater efficiencies for trade. The Agency's aim is to modernize processes in order to establish better and smarter controls of unreleased cargo, as well as support the CBSA's examination program and ensure consistency in the application of the relevant legislation and Agency policies.

In 2012, as part of its initiative to streamline rules and regulations, the CBSA intended to change various requirements for sufferance warehouses such as the need to be licensed and allow industry to move to a self-managed system with administrative oversight provided by the CBSA. The Cargo Control and Sufferance Warehouse Modernization (CCSWM) initiative held extensive stakeholder consultations on this proposal and, as a result, moved forward with the elimination of customs sufferance warehouse licensing fees. The intention was to reduce administrative burden, to both the CBSA and the sufferance warehouse industry, and to reduce the monetary burden on sufferance warehouse operators.

The CBSA implemented this minor regulatory change using the Customs Notice process. Subsection 167.1(b) of the Customs Act allows for changes to the Regulations to have retroactive effect where they were previously part of a public announcement, for example, a customs notice. Once the changes announced in a Customs Notice are formally incorporated into regulations, they are given retroactive effect to the date upon which the Customs Notice was issued. The proposed amendments to the Customs Sufferance Warehouses Regulations will formalize regulatory changes that were enacted and implemented by the CBSA through Customs Notice 13-022 on April 1, 2014.

There are no anticipated impacts of the proposed regulatory change on Canadians and businesses as Canada has been administering the Customs Sufferance Warehouse Regulations as though the amendments are already in place since April 1, 2014. The proposed regulatory change will formalize in regulation the changes that came into force via Customs Notice 13-022, published on December 6, 2013. The implementation of the Customs Notice reduced costs for sufferance warehouse operators and reduced the administrative burden for both sufferance warehouse operators and the CBSA.

No regulatory cooperation efforts are required.

Meetings of the Border Commercial Consultative Committee (BCCC) CCSWM Sub-Committee were held on March 20, 2012, June 26, 2012, November 26, 2012 and April 9, 2013. The CBSA consulted with other government departments and agencies, and internally through working groups to discuss this proposed regulatory change. No further consultation opportunities will be offered.

The announcement of the proposed regulatory amendment eliminating the customs sufferance warehouses license fee commencing April 1, 2014, is found in Customs Notice 13-022.

Myrmone Simon
Manager
Commercial and Trade Branch
Canada Border Services Agency
Tel.: 613-325-4840
myrmone.simon@cbsa-asfc.gc.ca

2017-04-01

• Customs Act
• Immigration and Refugee Protection Act
• Proceeds of Crime (Money Laundering) and Terrorist Financing Act

In 2007, the Standing Joint Committee for the Scrutiny of Regulations (SJCSR) and the Department of Justice provided the Canada Border Services Agency (CBSA) with recommendations to improve the clarity and coherence of the Presentation of Persons (2003) Regulations (POPR), which regulate the CBSA's Trusted Traveller programs (TTP).

Currently, “good character” is one of the criteria used in the POPR to determine eligibility for membership in the CBSA's TTPs, though it is not defined. To improve the clarity and consistency of CBSA officers' decision-making process, the term “good character” will be repealed within the POPR and replaced with prescribed program eligibility criteria.

In addition, the CBSA has proposed amendments to the POPR, Reporting of Imported Goods Regulations, Returning Persons Exemption Regulations, Accounting for Imported Goods and Payment of Duties Regulations, and the Designated Provisions (Customs) Regulations aimed at improving and enhancing the Agency's administration of its TTPs, as well as preparing for the launch of the Traveller Modernization initiative. The regulatory proposal includes amendments, which have been grouped thematically to ensure clarity of outcomes and objectives:

• enabling presentation, goods reporting, and currency and monetary instruments reporting by a specified means of telecommunications;
• specifying information required from conveyance operators in advance of arrival in Canada;
• establishing a new framework for prescribed classes of persons who may be issued an authorization and amendments to framework for authorizations to present in an alternative manner;
• clarifying eligibility requirements for authorizations;
• specifying periods during which, for identified infractions, a person would be unable to obtain an authorization;
• expanding and clarifying terms and conditions for authorizations;
• clarifying requirements for the suspension and cancellation of an authorization;
• establishing a framework for the reinstatement of an authorization;
• retroactive changes formalizing amendments announced in Customs Notices;
• amendments to definitions, include modern drafting language, update provision numbering and title of Regulation;
• clarifying authority for operators of private and corporate aircraft to provide information on imported goods orally in advance of arrival in Canada; and
• designation of Customs Act provisions for the purpose of subsection 109.1(1) of the Act.

This initiative is not subject to a regulatory cooperation work plan. However, the CBSA's bi-national programs Trusted Traveller programs (NEXUS and FAST) operate in coordination with the United States and as a result, require similar regulations.

There are no negative impacts on Canadians, governments, or businesses and there are no other quantifiable costs.

In November 2012, stakeholders were first consulted on amendments to the POPR regarding grounds for the cancellation and suspension of membership. A notice was posted on the CBSA and the Consulting with Canadians websites. The CBSA received less than 10 comments; overall, most comments sought clarification on program requirements outside the scope of the consultation.

Between December 2014 and January 2015, the CBSA undertook a consultation process on the following proposed changes to the POPR:

• the addition of fingerprints and facial recognition to the types of biometric data that may be collected as part of a Trusted Traveller application;
• clarifying the conditions of an authorization; and
• increasing the review period on decisions from 30 to 90 days.

The general public and specific industry/internal stakeholders (including members of the Border Commercial Consultative Committee and Air Consultative Committee), were identified and contacted to provide feedback and comments via the CBSA and Consulting with Canadians websites. In response to this consultation period, approximately forty comments were received from stakeholders and TTP members. Of the comments received, roughly half were related to the regulatory amendments and were neutral or supportive of the changes, with most seeking clarification on the definition of terms such as biometrics and commercial goods.

In July 2016, the CBSA conducted a third round of consultation, which invited over 1,000,000 Trusted Traveller Program members to provide feedback via email on the following proposed amendments to the POPR: replacement of “Good Character” with specific eligibility criteria; clarification that the residency requirement requires legal residency in one of the identified countries; and the circumstances leading to suspension, warning and/or cancellation of an authorization. Email responses received by the CBSA exceeded 4,000 with an overwhelming majority (over 90%) expressing support for the proposed amendments or for efforts to strengthen the integrity of Trusted Traveller programs more generally.

The CBSA has yet to consult stakeholders on the proposed amendments to establish a new framework for prescribed classes of persons who may be issued an authorization or the proposed amendments to the framework for authorizations to present in an alternative manner. As these changes are consequential to legislative amendments, necessary to ensure the continued administration of Trusted Traveller Programs through regulations, and would have no practical impact on existing or prospective program members, the CBSA has decided to have prepublication serve as the primary consultation mechanism.

Concerning the amendments that propose to specify the information required in advance of arrival, specifically the replacement of the term “any information” as recommended by the SJCSR, the CBSA did not specifically consult impacted stakeholders (i.e., operators of non-commercial conveyances) since the changes would formalize existing CBSA policies and would not result in practical changes for these operators. However, it should be noted that these amendments were briefly mentioned in the POPR 2014 consultation.

Regarding the amendments that would clarify the authority for private and corporate aircraft operators to provide information on imported goods orally in advance of arrival in Canada, the CBSA intends to consult impacted stakeholders as part of prepublication. Since the amendments would formalize the Agency's current policies and practices concerning the reporting of imported goods and would not result in an incremental change for impacted stakeholders, the CBSA determined that advance consultation on this proposed amendment would not be required.

Finally, with respect to the amendments to designate provisions of the Customs Act for the purpose of subsection 109.1(1) of the Act, prepublication would serve as the primary mechanism for consultation. As these changes would only impact the public if an individual is non-compliant with the designated provisions, the CBSA determined that advance consultation would not be required on this item. The anticipated date for publication in the Canada Gazette Part II, is late 2024.

Trusted Traveller Programs
2016 Evaluation of the Trusted Traveler Programs (Air, Land, Marine)

Traveller Modernization: New tools and technologies for a faster, better and safe experience at the border (cbsa-asfc.gc.ca)

Government Bill (House of Commons) C-47 (44-1) - Royal Assent - Budget Implementation Act, 2023, No. 1 - Parliament of Canada

Graeme Hamilton
A/Director General
Traveller, Commercial and Trade Policy
Canada Border Services Agency
cbsa.traveller_pol-pol_voyageurs.asfc@cbsa-asfc.gc.ca

2016-04-01

Customs Act
Immigration and Refugee Protection Act
Proceeds of Crime (Money Laundering) and Terrorist Financing Act

The purpose of the proposal is to:

1. Allow a conveyance that is in Canada and its passengers to travel into or through international waters/airspace and return to Canada without reporting to the CBSA, on the condition that they did not land on foreign soil or embark any people or goods in the foreign waters/airspace.
2. Allow a conveyance and its passengers to travel into or through Canadian waters or airspace without reporting to the CBSA, on the condition that they do not land on Canadian soil or disembark any people or goods in Canada.

Amendments are required to the following regulations:

• Presentation of Persons (2003) Regulations
• Immigration and Refugee Protection Regulations
• Reporting of Imported Goods Regulations
• Cross-border Currency and Monetary Instruments Reporting Regulations

Current legislation states that all persons entering Canada are required to present themselves upon their arrival in Canada (pursuant to section 11 of the Customs Act) and to appear for examination (under section 18 of the Immigration and Refugee Protection Act). Persons are also required to report any goods that they are importing into Canada under section 12 of the Customs Act. Historically, exemptions to this requirement did not account for the circumstances outlined above.

The Conveyance Presentation and Reporting Requirements Modernization Act amended the Customs Act and the Immigration and Refugee Protection Act to align with existing CBSA practices by relieving presentation, goods reporting, and examination requirements for travellers who incidentally cross into and out of Canadian waters with no intention of seeking admission into Canada. The proposed regulatory amendments are required to reflect the changes made to the Customs Act and the Immigration and Refugee Protection Act.

This proposal also seeks to amend the Presentation of Persons (2003) Regulations, Reporting of Imported Goods Regulations, and Cross-border Currency and Monetary Instruments Reporting Regulations to formalize a process in place since 2012 that requires persons on board a cruise ship to present themselves and report imported goods, currency or monetary instruments at the First Port of Arrival in Canada, regardless of whether they disembark. Since inland ports (i.e., a subsequent port of call on an itinerary after the first port of arrival) are not staffed or equipped to process a cruise ship, the FPOA process streamlines border clearance for both persons on board the cruise ship and the CBSA by ensuring processing takes place at the first port at which the cruise ship arrives in Canada.

This proposal is not a commitment under the Canadian Free Trade Agreement Regulatory Reconciliation and Cooperation Table, the Canada-EU Regulatory Cooperation Forum or the Canada-United States Regulatory Cooperation Council.

The proposal will align more closely with US reporting requirements.

There are no expected costs on Canadian businesses.

During development of the Conveyance Presentation and Reporting Requirements Modernization Act, the CBSA consulted with partners including: Private Boaters, the Cruise Lines International Association (CLIA), the Thousand Islands International Tourism Council, and the Shipping Federation of Canada (SFC). Responses from stakeholders ranged from positive to neutral. No feedback was received from private boaters upon announcement of the exemption during the summer 2017 boating season and no complaints have been received from the partners in subsequent years.

From 2012 to 2014, the CBSA consulted with cruise ship industry partners (CLIA, SFC, and several cruise lines) throughout implementation of the First Port of Arrival process. As part of a 2013 post-implementation review, overwhelming support was expressed by industry for this initiative.

Bill S-233

Graeme Hamilton
A/ Director General
Strategic Policy Branch
Canada Border Services Agency
Tel: 343-553-1697
Email: cbsa.traveller_pol-pol_voyageurs.asfc@cbsa-asfc.gc.ca

2017-04-01

Immigration and Refugee Protection Act (IRPA)

Section 243 of the Immigration and Refugee Protection Regulations outlines requirements for the recovery of removal costs from foreign nationals that have been removed from Canada at the government's expense.

This requirement to repay removal costs, including the prescribed amount to be recovered, will be reviewed and updated to account for adjustments, such as inflation and other contemporary cost factors, which will have emerged since the fees were established in 1993. Foreign nationals who are minors will not be included when the new regulation is in force.

This regulatory work supports the Border Enforcement Strategy, announced as part of Budget 2019. Budget 2019 invested $1.18 billion over five years, and $55 million per year ongoing to enhance the integrity of Canada's borders and asylum system. These investments support the Border Enforcement Strategy and increase the asylum system's capacity in order to provide timely protection to refugees and to ensure that failed asylum claimants are removed faster. The proposed amendments align with the overall Government of Canada commitment to a well-managed asylum system that is “fair, fast and final.”

Regulatory cooperation efforts are not applicable. This proposal only applies to foreign nationals, determined to be inadmissible to Canada, who have been removed.

There are no expected impacts on Canadians or businesses. This proposal only applies to foreign nationals, who have been removed and are seeking to re-enter Canada.

Public consultations on the proposed regulatory amendments were undertaken with the following groups in the 2020-2021 fiscal year:

• British Columbia Civil Liberties Association
• Canadian Association of Refugee Lawyers
• Canadian Association of Professional Immigration Consultants
• Canadian Bar Association
• Canadian Civil Liberties Association
• Canadian Council for Refugees
• Canadian Taxpayers Federation
• Conference Board of Canada
• Federation of Law Societies of Canada
• Quebec Immigration Lawyers Association

The regulations were pre-published in the Canada Gazette Part 1 on December 2, 2023.

Canada Gazette, Part 1, Volume 157, Number 48: Regulations Amending the Immigration and Refugee Protection Regulations

Immigration and Refugee Protection Act
Immigration and Refugee Protection Regulations

Anders Sorensen
Manager
Asylum Policy
Immigration and Asylum Policy Innovation Division
Canada Border Services Agency
Tel.: 613-697-9346
anders.sorensen@cbsa-asfc.gc.ca

2018-04-01

Immigration and Refugee Protection Act (IRPA)

The Immigration and Refugee Protection Regulations (IRPR) prescribe those inadmissibility grounds for which removal orders are to be issued by the Immigration Division of the Immigration and Refugee Protection Board (IRB) and those for which removal orders are to be issued by the Minister's Delegate (i.e. a Canada Border Services Agency (CBSA) or Immigration, Refugees and Citizenship Canada official).

The 2017 government response to the Senate Standing Committee on National Security and Defense Report entitled “Vigilance, Accountability and Security at Canada's Border”, committed the CBSA to explore policy options to enhance the efficiency of the inadmissibility determination process. The response also committed the Agency to undertake a review of officer authorities to render inadmissibility decisions and issue removal orders without the need for an admissibility hearing before the Immigration Division of the IRB in specified circumstances. As a result, regulatory amendments are being considered to streamline the inadmissibility decision-making process by transferring more authorities from the Immigration Division to the Minister's Delegate (MD).

Regulatory cooperation efforts do not apply. This proposal only applies to foreign nationals determined to be inadmissible in Canada.

The proposed regulations do not have an impact on small business. The amendments only apply to persons who are inadmissible under the IRPA.

An online 30 day public consultation was undertaken from August 24, 2020 to September 22, 2020.

The proposed regulations were pre-published on November 18, 2023 in Canada Gazette, Part 1 for a 30 day public consultation period. The consultation period for the proposed regulations is now closed and submitted comments can be viewed online.

2020 Spring Reports of the Auditor General of Canada to the Parliament of Canada: Report 1 - Immigration Removals
Senate Report: Vigilance, Accountability and Security at Canada's Borders
Immigration and Refugee Protection Act
Immigration and Refugee Protection Regulations

Carolyn Keeler
Director
Immigration Facilitation and Enforcement Policy Division
Canada Border Services Agency
100 Metcalfe Street
Ottawa, Ontario
K1A 0L8
Email: iepu-upeli@cbsa-asfc.gc.ca

2018-04-01

Immigration and Refugee Protection Act (IRPA)

A foreign national inadmissible to Canada on certain serious grounds relating to security, human rights violations, or organized criminality, may apply to the Minister of Public Safety for an exemption under subsection 42.1(1) of the IRPA. The existing regulatory framework which governs these applications for “Ministerial relief,” found between sections 24.1 and 24.5 of the Immigration and Refugee Protection Regulations (IRPR), came into force in 2017, and articulates various application content requirements, establishes when an applicant may apply, and outlines application closure parameters.

A post-implementation review of this regulatory framework was conducted and identified additional potential amendments to address gaps, and ensure continued alignment with other relevant legislative provisions. Potential administrative amendments were also identified to bring information required for Ministerial relief applications under one provision.

Regulatory cooperation efforts do not apply. This proposal only applies to foreign nationals who are, or are believed to be, inadmissible to Canada.

There are no expected impacts on Canadians or businesses.

Online public consultations were held in May 2021 and closed in July 2021.

The proposed amended regulations are planned to be pre-published in part I the Canada Gazette in 2024.

Immigration and Refugee Protection Act
Immigration and Refugee Protection Regulations

Carolyn Keeler
Director
Immigration Facilitation and Enforcement Policy Division
Canada Border Services Agency
100 Metcalfe Street
Ottawa, Ontario
K1A 0L8
Email: iepu-upeli@cbsa-asfc.gc.ca

2020-12-08

Immigration and Refugee Protection Act (IRPA)

Section 16 of the Immigration and Refugee Protection Regulations (IRPR) defines the term “senior official” for the purposes of paragraph 35(1)(b) of the Immigration and Refugee Protection Act (IRPA), which pertains to the designation of regimes. A regime is designated by the Minister of Public Safety and Emergency Preparedness if he or she believes that the regime engaged in genocide, terrorism or crimes against humanity. The associated regulation states that a senior official is a person who, by virtue of the position they held, was able to exert significant influence or benefitted from their position. These positions include: heads of state; members of the cabinet or governing council; senior members of the public service, military and intelligence and internal security services; and the judiciary. Section 16 of the IRPR will be reviewed and considered for potential amendments in light of factors such as relevant jurisprudence.

Regulatory cooperation efforts do not apply. This proposal applies to permanent residents and foreign nationals who are, or are believed to be, inadmissible to Canada.

There are no expected impacts on Canadians or businesses.

Public and stakeholder consultations are expected to be undertaken in 2024.

Immigration and Refugee Protection Act
Immigration and Refugee Protection Regulations

Jeff Robertson
Manager
Inadmissibility Policy Unit
Canada Border Services Agency
Tel: 613-286-1750
jeff.robertson@cbsa-asfc.gc.ca

April 1, 2020

Immigration and Refugee Protection Act (IRPA)

A regulatory review of the stay of removal regulations will be undertaken with a particular focus on the public policy considerations.

Regulatory cooperation efforts do not apply.

There are no expected impacts on Canadians or businesses. Changes to this proposal is limited to the regulatory framework applicable to foreign nationals.

Online public consultations were held from August 24th to September 23rd 2022.

The proposed amended regulations are planned to be pre-published in part I the Canada Gazette in 2024.

Immigration and Refugee Protection Act
Immigration and Refugee Protection Regulations

Carolyn Keeler
Director
Immigration Facilitation and Enforcement Policy Division
Canada Border Services Agency
100 Metcalfe Street
Ottawa, Ontario
K1A 0L8
Email: iepu-upeli@cbsa-asfc.gc.ca

2020-12-08

Customs Act

Amendments to existing regulations as well as the implementation of new regulations related to verification of origin procedures made pursuant to the Customs Act, are necessary to enforce the Canada-European Union Comprehensive Economic and Trade Agreement (CETA). These regulations would codify into Canadian law the commitments related to customs procedures that have been negotiated in the CETA. The particulars of which can be found in Customs Notice 17-29 Proposed Regulatory Amendments and Proposed New Regulations Related to the Implementation of the Canada-European Union Comprehensive Economic and Trade Agreement (CETA).

These regulatory amendments align customs procedures as agreed to by Canada and the European Union through the CETA.

Through the use of Customs Notice 17-29, the CBSA has been administering the customs provisions of the agreement since the agreement's implementation on September 21, 2017. The aforementioned provisions affect importers, exporters and producers. The proposed regulatory initiative does not introduce new business impacts.

As these regulations would codify into Canadian law the customs procedures agreed to in the free trade agreement and which have been administered through Customs Notice 17-29 since September 21, 2017, no consultations were undertaken.

For more information, please access the Agreement overview.

Bonnie Paradis
Senior Program Advisor
Commercial and Trade Branch
(343) 553-1902
bonnie.paradis@cbsa-asfc.gc.ca

2019-04-01

Customs Act

Amendments to existing regulations made pursuant to the Customs Act, are necessary to enforce the Canada-Israel Free Trade Agreement as amended by the Canada-Israel Free Trade Amending Protocol 2018. These regulations would codify into Canadian law the commitments related to customs procedures that have been negotiated in the Appendix to this Protocol. More information can be found in Customs Notice 19-18 - Amendments to the Canada-Israel Free Trade Agreement (CIFTA)- Minor Processing Operations.

These regulatory amendments align customs procedures as agreed to by Canada and Israel through the Canada-Israel Free Trade Amending Protocol 2018.

Through the use of Customs Notice 19-18, the CBSA has been administering the customs procedures of the agreement since the Protocol's implementation on September 1, 2019. The aforementioned procedures affect importers, exporters and producers. The proposed regulatory initiative does not introduce new business impacts.

As these regulations would codify into Canadian law the customs procedures agreed to in the Canada-Israel Free Trade Amending Protocol 2018 and which have been administered through Customs Notice 19-18 since September 1, 2019, no consultations were undertaken.

For more information please consult the Canada-Israel Free Trade Amending Protocol 2018.

Bonnie Paradis
Senior Program Advisor
Programs Branch
(343) 553-1902
bonnie.paradis@cbsa-asfc.gc.ca

2020-12-08

Customs Act

Amendments to existing regulations as well as the implementation of new regulations related to verification of origin procedures, made pursuant to the Customs Act, are necessary to enforce the Canada–Ukraine Free Trade Agreement (CUFTA). These regulations would codify into Canadian law the commitments related to customs procedures that have been negotiated in the CUFTA. The particulars of which can be found in Customs Notice 17-25 Proposed Regulatory Amendments and Proposed New Regulations Related to the Implementation of the Canada-Ukraine Free Trade Agreement (CUFTA).

These regulatory amendments align customs procedures as agreed to by Canada and the Ukraine through the CUFTA.

Through the use of Customs Notice 17-25, the CBSA has been administering the customs provisions of the agreement since its implementation on August 1, 2017. The aforementioned provisions affect importers, exporters and producers. The proposed regulatory initiative does not introduce new business impacts.

As these regulations would codify into Canadian law the customs procedures agreed to in this free trade agreement and which have been administered through Customs Notice 17-25 since August 1, 2017, no consultations were undertaken.

For more information please consult the CUFTA Overview.

Bonnie Paradis
Senior Program Advisor
Commercial and Trade Branch
(343) 553-1902
bonnie.paradis@cbsa-asfc.gc.ca

2019-04-01

Customs Act

Current CBSA processes for accounting for commercial imports and assessing duties and taxes require extensive administration by both importers and the government, and often require substantial paperwork or rely on an assortment of aging IT systems. This approach is highly inefficient and costly for both importers and the government. As such, proposed legislative and regulatory amendments have been sought to allow the CBSA and its commercial clients to realize efficiencies and benefits derived from the new automated commercial assessment and revenue management system.

Specifically, the CBSA Assessment and Revenue Management (CARM) system and associated legislative and regulatory changes will enable: electronic communication and payment; the provision of financial security electronically, the harmonization of payment due dates for transactions occurring within a single billing period; and the introduction of electronic “versionable” accounting.

N/A

The transformation of CARM is intended to produce significant business benefits structured around three outcomes:

• Reduced Burden for Trade Partners
• Increased Government of Canada (GoC) Revenues and
• Increased CBSA Efficiency.

Overall, it is expected that CARM will provide the trade chain community with simple self-service tools, giving them more visibility and control over their importation process.

Taken together, the proposed legislative and regulatory amendments align with the Government of Canada objective of stimulating economic recovery through digitization and support for fewer in person touchpoints. Both will be critical pieces in ensuring efficiencies for commerce and allowing the Agency to move towards a “touchless border”.

As part of its engagement on CARM, CBSA is engaged with many different groups and networks of internal and external stakeholders. This includes existing stakeholder groups such as the Border Commercial Consultative Committee, as well as, groups created specifically for consultations with external partners, such as the Trade Chain Partner Working Group. Stakeholder consultation and engagement networks and groups are being used to help ensure external and internal stakeholders are represented in the design of CARM.

Specific to the regulations, the CBSA published the regulatory amendments and new Financial Security (Electronic Means) Regulations in the Canada Gazette, Part I from November 26, 2022 to January 10, 2023 for public consultation.

The coming into force date for the proposed regulatory amendments, the new Financial Security (Electronic Means) Regulations, and the legislative amendments to the Customs Act that received Royal Assent in the Budget Implementation Act (BIA) 2021 and BIA 2022, will be the same date as CARM Release 2 (currently targeting May 2024).

Graeme Hamilton
A/Director General
Strategic Policy Branch
Canada Border Services Agency
Tel.: 343-553-1697
graeme.hamilton@cbsa-asfc.gc.ca

2020-12-08

Customs Act

Amendments to existing regulations as well as the implementation of new regulations related to verification of origin procedures made pursuant to the Customs Act, are necessary to enforce the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). These regulations would codify into Canadian law the commitments related to customs procedures that have been negotiated in the CPTPP. The particulars of which can be found in Customs Notice 18-27 Regulatory Amendments and New Regulations Related to the Implementation of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP).

These regulatory amendments align customs procedures as agreed to by Canada and 10 other countries in the Asia-Pacific region: Australia, Brunei, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam through the CPTPP.

Through the use of Customs Notice 18-27, the CBSA has been administering the customs provisions of the agreement since its implementation on December 30, 2018. The aforementioned provisions affect importers, exporters and producers. The proposed regulatory initiative does not introduce new business impacts.

As these regulations would codify into Canadian law the customs procedures agreed to in the free trade agreement and which have been administered through Customs Notice 18-27 since December 30, 2018, no consultations were undertaken.

For more information please consult the CPTPP's Overview.

Bonnie Paradis
Senior Program Advisor
Commercial and Trade Branch
(343) 553-1902
bonnie.paradis@cbsa-asfc.gc.ca

2019-04-01

Customs Act

The dramatic growth of e-commerce has resulted in fundamental changes to how goods enter Canada. In addition to rising volumes of legitimate goods procured online, e-commerce shipments have been used to illegally import drugs, firearms, and other goods that present a risk to the health, safety and security of Canadians. The CBSA is exploring regulatory changes to ensure that it has consistent access to timely and accurate electronic advance data to identify and address health, safety, security and revenue risks associated to goods arriving in courier shipments.

The CBSA is exploring potential amendments to the Reporting of Imported Goods Regulations that may include, but are not limited to, mandating advance electronic data for all shipments imported into Canada through the Courier Low Value Shipment (CLVS) Program in accordance with the timeframes and manner to be prescribed in the regulations.

By mandating electronic advance data requirements for the CLVS Program, the CBSA will bring requirements in line with international commitments, streamline the process of importing legitimate goods, and ensure greater consistency in addressing Canadian health, safety, security and revenue collection concerns across the import landscape.

The proposed regulatory amendments will facilitate the movement of legitimate trade and admissible goods by reducing the CBSA's physical touchpoint for the majority of shipments, while permitting more effective detection of firearms, illicit drugs, and other threats in e-commerce shipments.

Ongoing through the Courier Low Value Shipment (CLVS) Redesign Working Group - Advance Data Requirements 2024.

WCO Cross-Border E-Commerce Framework of Standards (PDF)

Valerie Dinis
a/Director
Strategic Policy Branch
Canada Border Services Agency
Tel.: 613-957-1209
valerie.dinis@cbsa-asfc.gc.ca

2020-12-08

Customs Act

Amendments to existing regulations as well as the implementation of new regulations related to verification of origin procedures made pursuant to the Customs Act, are necessary to enforce the CUSMA. These regulations would codify into Canadian law the commitments related to customs procedures that have been negotiated in the CUSMA. The particulars of which can be found in Customs Notice 20-22 - The Canada-United States-Mexico Agreement's (CUSMA) Regulatory Amendments and New Regulations Made Pursuant to the Customs Act.

These regulatory amendments and new regulations align customs procedures as agreed to by Canada, the United States and Mexico through the CUSMA.

Through the use of Customs Notice 20-22, the CBSA has been administering the customs provisions of the agreement since its implementation on July 1, 2020. The aforementioned provisions affect importers, exporters and producers. The proposed regulatory initiative does not introduce new business impacts.

As these regulations would codify into Canadian law the customs procedures agreed to in this free trade agreement and which have been administered through Customs Notice 20-22 since July 1, 2020, no consultations were undertaken.

For more information, please consult the CUSMA Summary.

Bonnie Paradis
Senior Program Advisor
Commercial and Trade Branch
(343) 553-1902
bonnie.paradis@cbsa-asfc.gc.ca

N/A

Preclearance Act, 2016
Immigration and Refugee Protection Act (IRPA)

Preclearance is a process that enables an inspecting (foreign) country to perform customs, immigration, and related inspections in a host country in order to determine the admissibility of people and goods before they enter the inspecting country. The United States (U.S.) has conducted preclearance operations at selected airports in Canada since 1952. The Preclearance Act, 1999 was brought into force in 2002 and was the statute supporting air preclearance activities in Canada until 2016. Canada does not have preclearance operations in any country at this time. The proposed regulatory amendments would enable Canada to conduct preclearance operations in the U.S.

Canada and the U.S. signed the Agreement on Land, Rail, Marine, and Air Transport Preclearance (LRMA) in 2015. With the coming into force of both the LRMA and Preclearance Act, 2016 (PCA, 2016) in August 2019, Canada now has the framework and authorities to establish Canadian preclearance operations in the U.S.

The Regulations supporting Part 1 of the PCA, 2016 which updates and expands the framework for US preclearance operations in Canada, were published as Preclearance in Canada Regulations, SOR/2019-183 on June 4, 2019.

Part 2 of the PCA, 2016 establishes the legal framework governing Canadian preclearance operations in the U.S. and establishes that Canadian legislation related to the entry of persons or the importation of goods into Canada applies to travellers and goods in preclearance areas and perimeters located in the U.S.

The objective of this proposal is to develop the necessary regulatory framework to operationalize the required immigration provisions under Part 2 of the PCA, 2016 so that the CBSA can legally establish a proof of concept pilot operation at a Canada – US joint border facility.

Failure to enact the proposed regulations would result in the CBSA not being able to offer the full range of services intended under preclearance. For example, the CBSA would not be authorized to make all admissibility decisions concerning goods and people in preclearance as it is currently able to do in Canada. Without the proposed regulations, preclearance under Part 2 of the Act will not fully meet its intended objectives.

The LRMA is fully reciprocal and enables preclearance to be established in either country, in all modes. Article IX of the LRMA outlines joint commitments of both parties and Article XIII outlines a reciprocity obligation on both parties.

There are little to no anticipated impacts on Canadians, including businesses. The preclearance proof-of-concept would co-locate an existing port of entry to a U.S. Customs and Border Protection facility on the neighbouring U.S. side of the border.

The proposed regulations address the legislative and regulatory issues that result from preclearance being applied outside Canada.

There has been significant and wide-spread consultation with Other Government Departments throughout the development of the regulatory options to identify any impacts, and there are continued consultations as policy is developed to support Canadian preclearance in the U.S.

Consultations with Government of Canada stakeholders on potential regulatory issues as a result of preclearance took place between January 2018 and June 2019. In addition, Government of Canada stakeholders were consulted prior to drafting the Preclearance Act, 2016, to ensure their programs' compatibility with the policy objectives sought through preclearance.

The CBSA plans to increase general and targeted engagement with stakeholders through the regulatory process, in advance of the regulations coming into force.

Agreement on Land, Rail, Marine, and Air Transport Preclearance between the Government of Canada and the Government of the United States of America

Melissa Brannagan
Executive Director, Travellers Policy and Program Development
Canada Border Services Agency
melissa.brannagan@cbsa.asfc.gc.ca

2020-12-08

Immigration and Refugee Protection Act (IRPA)

The 2017 government response to the Senate Standing Committee on National Security and Defense Report entitled “Vigilance, Accountability and Security at Canada's Border”, committed the CBSA to explore policy options to enhance the efficiency of the inadmissibility determination process. The response also committed the Agency to undertake a review of officer authorities to render inadmissibility decisions and issue removal orders without the need for an admissibility hearing before the Immigration Division of the IRB in certain circumstances. As a result, regulatory amendments are being considered to streamline the inadmissibility decision-making process by transferring more authorities from the Immigration Division to the Minister's Delegate.

Section 19 of the Immigration and Refugee Protection Act (IRPR) specifies the prescribed Acts of Parliament under which an offence must occur for a foreign national to be found inadmissible for committing an offence on entry to Canada pursuant to paragraph 36(2)(d) of the Immigration and Refugee Protection Act (IRPA). Regulatory changes are being considered to transfer authority to issue removal orders for certain criminal offences committed at Canada's ports of entry from the Immigration Division to the Minister's Delegate. These changes would strengthen the transborder criminal inadmissibility framework and streamline the inadmissibility determination process, resulting faster more efficient removals.

Regulatory cooperation efforts do not apply. This proposal only applies to foreign nationals determined to be inadmissible to Canada.

There are no expected impacts on Canadians or businesses. This proposal only applies to foreign nationals who commit an offence on entering Canada.

Public and stakeholder consultations on the proposed regulatory amendments were undertaken in November 2020 via the Canada Border Services Agency website, as well as with the following stakeholders:

• British Columbia Civil Liberties Association
• Canadian Association of Refugee Lawyers
• Canadian Association of Professional Immigration Consultants
• Canadian Bar Association
• Canadian Civil Liberties Association
• Canadian Council for Refugees
• Federation of Law Societies of Canada
• Amnesty International
• Centre for Immigration Policy Reform
• Human Rights Foundation
• Refugee Law Office
• Justice for Children and Youth
• Canadian Policy Association
• Schulich Executive Education Centre
• Canadian Association of Chiefs of Police
• University of Victoria

Immigration and Refugee Protection Act
Immigration and Refugee Protection Regulations
Senate Report: Vigilance, Accountability and Security at Canada’s Borders (PDF)

Jeff Robertson
Manager
Inadmissibility Policy Unit
Canada Border Services Agency
Tel: 613-946-3996
Email: jeff.robertson@cbsa-asfc.gc.ca

2018-04-01

Immigration and Refugee Protection Act (IRPA)

In April 2018, the Canada Border Services Agency (CBSA) received correspondence from the Standing Joint Committee for the Scrutiny of Regulations (SJC) outlining concerns with the use of the term “negligence” in paragraph 263(2)(a) of the Immigration and Refugee Protection Regulations (IRPR).

The objective of this regulatory proposal is to review paragraph 263(2)(a) of the IRPR in light of the concerns raised by the SJC.

This initiative is not subject to a regulatory cooperation work plan.

There are no substantive impacts envisioned on Canadians, travelers, governments, or businesses.

Consultations have not yet been undertaken with stakeholders.

No additional risks or considerations have been identified.

Carolyn Keeler
Director
Immigration Facilitation and Enforcement Policy Division
Tel.: 613-296-9407
Email: carolyn.keeler@cbsa-asfc.gc.ca

2021-04-01

Customs Act

The purpose of the proposal is to:

• create flexibility in the requirement for returning residents that are within their personal exemption limit and who present to the Canada Border Services Agency (CBSA) by a means of telecommunications to report the total value of their imported goods in Canadian dollars and allow these goods to be released without a requirement for accounting.

Amendments are required to the following regulations:

• Returning Persons Exemption Regulations
• Accounting for Imported Goods and Payment of Duties Regulations

The Customs Act requires that all persons arriving in Canada report imported goods to the CBSA (section 12). Currently, regulation requires returning residents who are within their personal exemption limits to report the total aggregate value of their imported goods in Canadian dollars (e.g., CAD $765). To create efficiencies in the border crossing experience and improve traveller facilitation, the CBSA is seeking to create flexibility in this requirement. Specifically, regulatory amendments would allow returning residents who present by telecommunications, such as a Primary Inspection Kiosk, Electronic Gate, or mobile application, to identify (e.g., by selecting a checkbox on a digital declaration) if the total Canadian dollar value of their imported goods is within their personal exemption limit, based on the duration of their absence from Canada. Effectively, returning residents meeting the circumstances within the regulations would not need to specify the exact dollars and cents value of the imported goods for which they are seeking to claim a personal duty/tax exemption. When reporting imported goods to which a personal exemption has been claimed in this circumstance, travellers would be exempt from the requirement to account for these goods.

This proposal is not a commitment under the Canadian Free Trade Agreement Regulatory Reconciliation and Cooperation Table, the Canada-EU Regulatory Cooperation Forum or the Canada-United States Regulatory Cooperation Council.

There are no expected costs on Canadian businesses.

Consultation will be conducted through the Consulting with Canadians website.

Graeme Hamilton
A/Director General
Strategic Policy Branch
Canada Border Services Agency
Tel: 343-553-1697
Email: cbsa.traveller_pol-pol_voyageurs.asfc@cbsa-asfc.gc.ca

2021-04-01

Customs Act

Amendments to existing regulations made under the Customs Act related to the low value shipment LVS) threshold for goods imported into Canada are necessary to align the LVS threshold for expedited customs clearance across all Canada Border Services Agency (CBSA) commercial programs. The proposed regulatory amendments flow from decision to raise LVS thresholds for express shipments, in accordance with Article 7.8 of the Canada-United States-Mexico Agreement (CUSMA).

To comply with the CUSMA LVS threshold obligation, only regulatory amendments relating to the CBSA Courier Low Value Shipment (CLVS) Program, such as the Accounting for Imported Goods and Payment of Duties Regulations, are required to reflect the CAD $3,300 threshold. However, the CBSA has long administered a harmonized LVS threshold across all importation streams. Therefore, references to thresholds in paragraphs 6(1)(a) and (b), 7(2.1)(d), 7.1(a)(i), 8(a), 8.2(d), 10(a) and (b) and 10.31 of the Accounting for Imported Goods and Payment of Duties Regulations, as well as paragraph 4(c) of the Fees in Respect of Mail Regulations, must be amended to reflect an estimated value for duty not exceeding CAD $3,300.

Subsections 6(4), 9.1(4), 10(4), and 12.1(4) of the Proof of Origin of Imported Goods Regulations are amended to reflect an increase to the LVS threshold to an estimated value for duty not exceeding CAD $3,300. In addition, paragraphs 6(4)(b), 9.1(4)(b), 10(4)(b) and 12.1(4)(b) of the Proof of Origin of Imported Goods Regulations will be repealed for eligible goods claiming preferential treatment under any of Canada's free trade agreements currently in force, in addition to CUSMA.

Importers and owners of commercial goods, for which the estimated value for duty does not exceed CAD $3,300, and for which the benefit of preferential treatment under a free trade agreement is claimed, will no longer be required to provide a (written) statement certifying the origin of the goods in order to be exempt from the requirements of subsection 35.1(1) of the Customs Act.

This initiative is not subject to a regulatory cooperation work plan.

The CBSA has been administering the increase to the LVS threshold and simplified proof of origin requirements on a provisional basis since the coming into force of the CUSMA on July 1, 2020. However, amendments to the existing regulatory framework are required to codify these changes into law. The proposed amendments to the regulations were published on the CBSA's website in a Customs Notice (CN 20-15).

These regulatory changes streamline the importation process for qualifying goods by applying fewer customs formalities and simplified customs procedures (e.g., the provision of minimal information/supporting documentation, less red tape, and reduced trade costs), which expedites the flow of cross-border trade.

The CBSA sought input from diverse stakeholders through a multi-phase engagement process. There was consensus among all stakeholders that the proposed regulatory changes will benefit Canadian businesses, consumers, industry, and the Canadian economy at large. There are no significant impacts on international trade or investments required to enact these changes.

Maintaining a harmonized LVS threshold has streamlined operations for the CBSA, facilitated trade for importers, and is supported by industry, based on sustained outreach prior to, and since the signing of the CUSMA.

Further consultations are not required.

Customs Notice 20-15 - Increase to the Low Value Shipment (LVS) Threshold and Simplification to the Proof of Origin Requirements for Goods Imported into Canada

For more information on the CUSMA, please access the CUSMA Summary.

Natacha Noiseux
Manager
Commercial and Trade Branch
Tel.: (438) 459-4827
Email: natacha.noiseux@cbsa-asfc.gc.ca

2021-04-01

Customs Act

The amendments to the Valuation for Duty Regulations are intended to clarify what is a sale for export to Canada – where the value for duty of imported goods is to be based on the sale that brings the goods into Canada and not an earlier sale between foreign entities. In doing so, the proposed regulatory amendments will define the term “sold for export to Canada” and address the existing regulatory loophole that unduly benefits non-resident importers (NRIs) with minimal operations and investments in Canada.

The amendments will ensure that the price in a sale of goods between two foreign entities is not eligible to be used as the basis for the value for duty (VFD) calculation if an agreement to sell goods to a person in Canada (i.e. a resident or non-resident with permanent establishment in Canada) exists before those goods are imported.

The amendments are expected to re-establish a level playing field among all importers, provide greater certainty and predictability to the importing community and ensure Canada continues to abide to its World Customs Organization international obligations.

This initiative is not subject to a regulatory cooperation work plan.

There are no intended impacts on Canadians, governments, or businesses and there are no other quantifiable costs.

Public consultations on the proposed regulations that were pre-published in the Canada Gazette, Part I from May 27, 2023 to July 26, 2023: Canada Gazette, Part 1, Volume 157, Number 21: Regulations Amending the Valuation for Duty Regulations

Customs Act
Valuation for Duty Regulations

Valerie Dinis
A/Director
Strategic Policy Branch
Tel.: 613-404-6885
valerie.dinis@cbsa-asfc.gc.ca

2021-04-01

Customs Act

The purpose of this proposal is to:

• Mandate that all operators of aircraft arriving at Air Ports of Entry (AOEs) staffed by the Canada Border Services Agency (CBSA), other than those flying an aircraft on a regular schedule or predetermined charter schedule, provide the CBSA with their anticipated time and place of arrival, as well as information about the aircraft and the number of persons onboard. This information would be required in writing and in a specific timeframe.

Amendments are required to the following regulations:

• Reporting of Imported Goods Regulations

Under the current regulatory framework, the requirement to provide advance notification of arrival differs depending on the number of persons carried on board the aircraft. While the Reporting of Imported Goods Regulations specify that the operator of an aircraft carrying 30 or more persons, other than those flying on a regular schedule or predetermined charter schedule, must provide advance notification prior to their anticipated arrival time, no such requirement exists for operators of flights with less than 30 persons on board.

The proposed regulatory amendments will allow the CBSA to satisfy historical operational readiness challenges resulting from the incongruent advance notification framework, while having sufficient time to prepare for border clearance. The proposed regulatory amendments would avoid extended queuing of aircraft and passengers on the tarmac until Border Services Officers become available to conduct primary processing.

Further, they would enable the CBSA to plan more appropriate shift scheduling which better responds to incoming volumes. Shift scheduling is a key element of CBSA operations, as officers may need to be reassigned from other duties and possibly travel to the Fixed Base Operation to clear the arriving flight in a timely manner. This may also require arranging overtime, especially if the flight arrives close to the end of daily operational hours. The Agency must ensure that it has a sufficient number of officers to process all arriving travellers at the AOE.

This proposal is not a commitment under the Canadian Free Trade Agreement Regulatory Reconciliation and Cooperation Table, the Canada-EU Regulatory Cooperation Forum or the Canada-United States Regulatory Cooperation Council.

The proposal will align more closely with requirements of international partners, including the United States.

This proposal would not result in any costs to the CBSA. However, it is anticipated that it would result in minor costs for stakeholders. This proposal would not require investment to collect any new information. Rather, aircraft operators would simply be submitting information that is readily accessible to them.

The CBSA initiated engagement with impacted stakeholders in May 2021 and January 2022 through an email sent to private operator associations including the Canadian Pilots and Operators Association (COPA), the Canadian Business Aviation Association (CBAA), and the Air Transport Association of Canada (ATAC). Stakeholders were provided until June 2021 and end of January 2022, respectively, to provide input via email on the regulatory proposal. No feedback was received from consulted stakeholder groups, including any concerns with a proposed implementation date.

Further consultation will be conducted through the Consulting with Canadians website.

Social media, including Facebook and Twitter, will be leveraged to communicate the updated advance notification requirements.

Graeme Hamilton
A/Director General
Strategic Policy Branch
Canada Border Services Agency
Tel: 343-553-1697
cbsa.traveller_pol-pol_voyageurs.asfc@cbsa-asfc.gc.ca

2022-04-01

Customs Act

Amendments to existing regulations as well as the implementation of new regulations related to verification of origin procedures made pursuant to the Customs Act, are necessary to enforce the CUKTCA. These regulations would codify into Canadian law the commitments related to customs procedures that have been negotiated in the CUKTCA. The particulars of which can be found at Customs Notice 21-08 - Proposed Regulatory Amendments and Proposed New Regulations Related to the Implementation of the Canada - United Kingdom Trade Continuity Agreement.

These regulatory amendments and new regulations align customs procedures as agreed to by Canada and the United Kingdom through the CUKTCA.

Through the use of Customs Notice 21-08, the CBSA has been administering the customs provisions of the agreement since the agreement's implementation on April 1, 2021. The aforementioned provisions affect importers, exporters and producers. The proposed regulatory initiative does not introduce new business impacts.

As these regulations would codify into Canadian law the customs procedures agreed to in this free trade agreement and which have been administered through Customs Notice 21-08 since April 1, 2021, no consultations were undertaken.

For more information please consult the CUKTCA Overview.

Bonnie Paradis
Senior Program Advisorl
Commercial and Trade Branch
(343) 553-1902
bonnie.paradis@cbsa-asfc.gc.ca

February 21, 2024

Immigration and Refugee Protection Act (IRPA)
Customs Act

The purpose of this proposal is to:

1. Remove the requirement for international to international transiting travellers to present to the Canada Border Services Agency (CBSA) for examination, either in-person or via a kiosk;
2. Define and include reference to a “designated holding area” within the immigration framework and include reference to a “sterile transit area” within the customs framework;
3. Require commercial air carriers to provide the CBSA with travellers' in-transit status and Place or Port of Onward Foreign Destination for all transiting travellers as part of the transmission of Advance Passenger Information;
4. Require commercial air carriers to provide the CBSA with the aircraft's first point of foreign disembarkation as part of their Air Exit Information submission; and
5. Align the retention periods for Advance Passenger Information and Air Exit Information.

Amendments are required to the following regulations:

• Immigration and Refugee Protection Regulations
• Passenger Information (Customs) Regulations
• Presentation of Persons (2003) Regulations
• Reporting of Imported Goods Regulations
• Exit Information Regulations

In 2018, the CBSA launched the International to International (ITI) transit program, whereby ITI travellers transiting internationally proceed directly from their flight to the international departures area, pausing only to scan their passport at a kiosk. These travellers then remain in the international departures area prior to boarding their international flight. The ITI program currently operates in accordance with section 18 of the Immigration and Refugee Protection Act, whichrequires that every person seeking to enter Canada appear for an examination.

The proposed regulatory amendments are required to establish that ITI travellers are not seeking to enter Canada. This would allow the CBSA to authorize free-flow international to international transit, where transiting travellers would not be required to scan their passport at an ITI kiosk. In support of this amendment, the CBSA would add a definition for a designated holding area in the Immigration and Refugee Protection Regulations.

Additionally, to improve the CBSA's ability to conduct compliance verification with the ITI program, regulatory amendments are required to 1) mandate the provision of in-transit status from commercial air carriers, including the travellers' place/port of onward foreign destination and 2) mandate provision of an outbound flight's first point of foreign disembarkation. This information would be used to reconcile a transiting traveller's inbound Advance Passenger Information with their outbound Air Exit Information. To facilitate this reconciliation and alleviate potential challenges with reporting and compliance management, the CBSA is also seeking to increase the retention period of Advance Passenger Information to a maximum of 15 years so that is aligned with the legislated retention period for Air Exit information.

This proposal is not a commitment under the Canadian Free Trade Agreement Regulatory Reconciliation and Cooperation Table, the Canada-EU Regulatory Cooperation Forum or the Canada-United States Regulatory Cooperation Council.

The proposal will align more closely with United States' Advance Passenger Information and Air Exit Information requirements.

This proposal will have minor impacts on the air industry. While airport authorities would be required to decommission the existing ITI kiosks, it is expected that minor cost savings would be realized since airport authorities would no longer incur costs associated with the maintenance and use of the kiosk. The existing kiosks could be repurposed by airport authorities for other uses (e.g., as Primary Inspections Kiosks).

Although the amendments to the Passenger Information (Customs) Regulations would impose a requirement on commercial air carriers to provide new data elements (i.e., in-transit status and place/port of onward foreign destination), this is not expected to have a negative impact on stakeholders in practice. This is because many commercial air carriers currently provide this information to the CBSA when submitting the data via the internationally recognized PAXLST message structure, as they are required data elements in the Agency’s Carrier Messaging Requirements document, which is incorporated by reference into existing customs and immigration regulations.

While no proactive consultations have occurred with travellers, the CBSA has engaged air industry partners, on this proposal at Transit and Connectivity Working Group meetings in November 2020 and June 2021, where it was positively received by stakeholders.

The CBSA consulted air industry partners on the regulatory proposal via email in December 2022 and feedback from the sample of commercial air carriers, airport authorities, and federal partners was overwhelmingly positive. No concerns were raised as part of this consultation by the sample of small, medium, and large commercial air carriers with the potential cost associated with modifying IT systems to submit new Advance Passenger Information data elements. The consulted airport authorities also did not indicate that the regulatory proposal would present a moderate or significant cost.

Prepublication would service as the primary consultation on the proposal to increase the Advance Passenger Information retention period, since it is a low impact change that seeks to align the retention periods for two complementary sets of information.

Social media, including Facebook and Twitter, will be leveraged to provide information about the new International to International transit process. Additionally, the CBSA external website will be updated to reflect the program changes.

Consultation will be conducted through the Consulting with Canadians website.

Not applicable

Graeme Hamilton
A/Director General
Strategic Policy Branch
Canada Border Services Agency
Tel: 343-553-1697
cbsa.traveller_pol-pol_voyageurs.asfc@cbsa-asfc.gc.ca

2021-04-01

Immigration and Refugee Protection Act (IRPA)

Currently, prescribed factors related to detention under section 248 of the Immigration and Refugee Protection Regulations (IRPR) do not explicitly include considerations related to victims and survivors of Gender-based Violence (GBV). The regulations will be reviewed in this context.

Funded in Budget 2019, this work supports the commitment made under the Government of Canada's National Strategy to Combat Human Trafficking to review the Immigration and Refugee Protection Act (IRPA) and Regulations to account for specific considerations related to victims and survivors of GBV to prevent re-traumatizing victims inadvertently Potential amendments also support the Government of Canada's commitments related to GBV as outlined in the 2021 Speech from the Throne, the National Action Plan to End GBV, and Federal 2SLGBQTI Action Plan.

Regulatory cooperation efforts do not apply. The potential changes would only apply to foreign nationals and permanent residents eligible for detention for restricted circumstances under the IRPA.

There are no expected impacts envisioned on Canadians, travellers, governments, or businesses.

Public consultations are expected to be undertaken during the 2024 to 2025 fiscal year. The following stakeholders will be notified when public consultations launch:

• British Columbia Civil Liberties Association
• Canadian Association of Refugee Lawyers
• Canadian Association of Professional Immigration Consultants
• Canadian Bar Association
• Canadian Civil Liberties Association
• Canadian Council for Refugees
• Federation of Law Societies of Canada
• Quebec Immigration Lawyers Association

Immigration and Refugee Protection Act
Immigration and Refugee Protection Regulations
National Strategy to Combat Human Trafficking

• The National Action Plan to End Gender-Based Violence
• Gender-Based Violence- Women and Gender Equality Canada
• National Strategy To Combat Human Trafficking 2019-2024
• Federal 2SLGBTQI+ Action Plan

Yen Lieu
Manager
Innovation Policy Unit
Immigration and Asylum Policy Innovation Division
Tel: (613)-355-1389
Email: yen.lieu@cbsa-asfc.gc.ca

2022-02-15

Immigration and Refugee Protection Act (IRPA)
Customs Act

The purpose of the proposal is to:

1. Mandate the collection of Advance Passenger Information (API) from non-commercial air operators.
2. Prescribe the circumstances, conditions, time, and manner in which API, and any updates to it, must be provided to the Canada Border Services Agency (CBSA).
3. Mandate the collection of Air Exit Information from non-commercial air operators.
4. Prescribe the circumstances, conditions, time, and manner in which Air Exit Information, and any updates to it, must be provided to the CBSA.
5. Make consequential amendments to regulations that currently reference the advance receipt of information from authorized private and corporate air operators and operators of non-commercial air passenger conveyances to ensure alignment between requirements.

Amendments are required to the following regulations:

• Passenger Information (Customs) Regulations
• Immigration and Refugee Protection Regulations
• Exit Information Regulations
• Presentation of Persons (2003) Regulations
• Reporting of Imported Goods Regulations

Currently, the CBSA only requires API and Air Exit Information from commercial air carriers. To improve Canada’s public safety posture and create consistent requirements for air travel, the CBSA is pursuing regulatory amendments that would mandate the collection of API and Air Exit information from non-commercial air operators. The collection of API is authorized by subsection 107.1(1) of the Customs Act, while the collection of Air Exit information is authorized by sections 92 and 93 of the Customs Act.

Furthermore, to limit duplication and ensure alignment between regulatory requirements, the CBSA will pursue consequential amendments to existing regulations that impose requirements on authorized private and corporate air operators and operators of non-commercial air passenger conveyances to provide the CBSA with advance information and any updates to it.

This proposal is not a commitment under the Canadian Free Trade Agreement Regulatory Reconciliation and Cooperation Table, the Canada-EU Regulatory Cooperation Forum or the Canada-United States Regulatory Cooperation Council.

The proposal will better align with US API and Air Exit requirements.

The proposed regulatory amendments will impact non-commercial air operators as they will impose a new administrative burden on their business processes. The CBSA will work collaboratively with these stakeholders to mitigate potential adverse impacts and leverage technological means to satisfy the proposed requirements in order to reduce inefficiencies.

It is not anticipated that the proposed regulatory amendments will impact international trade or the import / export of commercial goods.

Consultation will be conducted through the Consulting with Canadians website.

In addition, the CBSA will engage the established General Aviation Working Group to consult non-commercial air industry stakeholders on this proposal.

Social media, including Facebook and Twitter, will be leveraged to provide information about the new requirements for non-commercial air operators to provide API and Air Exit Information. Additionally, the CBSA external website will be updated to reflect the program changes.

Not applicable

Graeme Hamilton
A/Director General
Strategic Policy Branch
Canada Border Services Agency
Tel: 343-553-1697
cbsa.traveller_pol-pol_voyageurs.asfc@cbsa-asfc.gc.ca

2022-04-01

Immigration and Refugee Protection Act (IRPA)

In March 2020, amendments were made to the Immigration and Refugee Protection Act (IRPR) to help support the Government of Canada's response to the COVID-19 pandemic and provide the Minister of Public Safety with the authority to specify which immigration services may be provided at a port of entry. This was accomplished through the addition of section 26.1 to the IRPR.

Section 26.1 will be reviewed to consider potential housekeeping amendments and to ensure cohesiveness with related provisions found in the existing framework of the IRPA and IRPR.

This initiative is not subject to a regulatory cooperation work plan.

There are no substantive impacts envisioned on Canadians or businesses.

Consultations have not been undertaken with stakeholders.

No additional risks or considerations have been identified.

Carolyn Keeler
Director
Immigration Facilitation and Enforcement Policy Division
Canada Border Services Agency
100 Metcalfe Street
Ottawa, Ontario
K1A 0L8
Email: iepu-upeli@cbsa-asfc.gc.ca

2023-04-05