Examining personal digital devices at the Canadian border
On this page
- Personal digital devices
- Why we examine personal digital devices
- What to expect if we examine your personal digital device
- Solicitor-client privileged information
- Examining a personal digital device: What happens next
- Contesting a seizure
- Safeguarding Canadians
- Statistics
Personal digital devices
Canada Border Services Agency (CBSA) officers, under the Customs Act, have the authority to examine all goods that cross the border. For border control purposes, our officers have similar authorities to examine your cell phones, tablets, laptops and any other digital device you are carrying. CBSA officers may also examine a traveller's personal digital device under the Immigration and Refugee Protection Act.
A personal digital device is any device that can store digital documents or evidence, such as:
- cell phones
- smartphones
- computers
- tablets
- removable media
- drives
- cameras
- smartwatches
- any other device capable of storing digital documents or evidence relevant to compliance with Canada’s border laws
Why we examine personal digital devices
The CBSA has always had policies on examination of goods and has dedicated policies on the examination of personal digital devices.
CBSA officers do not always examine personal digital devices. They examine devices only if they have indicators or concerns that border laws may have been contravened, and if the law on which the officer relies allows such examination.
Reasons an officer might examine your personal digital device(s) include concerns regarding your:
- admissibility or admissibility of your imported goods that may be controlled, regulated or prohibited
- identity
- failure to comply with Canadian border laws or regulations
What to expect if we examine your personal digital device
A CBSA officer will start with some questions before examining your personal digital device. To examine the device, the officer will first ask for the password. If the device is password-protected, they will write your password on a piece of paper. You are obligated to provide your password when asked.
Note Failure to grant access to your personal 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 or under section 110 of the Customs Act.
The officer will disable the network connectivity on your device, for example turn on airplane mode to disable its ability to send and receive information. This ensures that for CBSA border control purposes the officer can only examine documents or evidence 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
If an officer encounters content identified as being subject to solicitor-client privilege or becomes aware of potential solicitor-client privilege during their examination, the officer must stop 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 its contents.
Examining a personal digital device: What happens next
If no evidence of a contravention is found, the officer will return your personal digital device to you, along with the paper with your password.
If a contravention or evidence of one is found, the officer may detain or seize your device. For example, if the device contains evidence of importation of prohibited or restricted goods or other regulatory contravention, we may seize it. 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 through the CBSA Recourse Office.
If the CBSA cannot determine whether the device's content is admissible at the port of entry, we may detain the device for further examination.
Once completed, we will return your device, provided we do not find evidence of a contravention. The CBSA will contact you to arrange the return of your personal digital device.
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.
Safeguarding Canadians
Whether visiting or returning to Canada, you may be subject to an examination by a CBSA officer to determine whether you may be authorized to enter Canada and to assess the admissibility of any imported goods including vehicles you bring across the border.
Our officers perform regular examinations to ensure compliance with Canadian border laws and regulations, including customs, immigration, 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 whether to authorize your entry to Canada, but it can also include:
- more in-depth questions
- paperwork processing
- examination of your vehicle and your goods
- personal searches
Statistics
The CBSA examines travellers' personal digital devices when officers have indicators or concerns that border laws may have been contravened and the law on which the officer relies allows such examination. Personal digital device examinations are not conducted as a matter of course, however, they are highly effective in uncovering prohibited and harmful contraband.
The CBSA has been tracking the frequency of personal digital device examinations since . From to , only 0.007% of all travellers and their goods that were processed at the border were subject to personal digital devices examinations.
Of these examinations, 37.9% resulted in the detection of a customs or immigration-related contravention. These contraventions ranged from evidence of money laundering, the interception of prohibited goods that pose a threat to public safety (e.g., child sexual abuse and exploitation material or obscenity), and undervalued or undeclared goods.
In the number of personal digital device examinations decreased, corresponding to the reduced traveller volumes due to COVID-19 border measures. Nearing the end of , traveller volumes began to steadily increase with the easing of COVID-19 border restrictions. The following tables show the number of personal digital device examinations conducted by the CBSA each month. These statistics are updated on a bi-annual basis.
From to :
- travellers processed at the border: 491,829,626
- travellers who had a personal digital device examined: 36,818
- examinations that were resultant: 13,960
Monthly reports
Month | Travellers processed at the border | Travellers who had a personal digital device examined | Resultant examinations |
---|---|---|---|
December | 7,029,611 | 78 | 36 |
November | 6,439,791 | 95 | 39 |
October | 7,254,402 | 79 | 39 |
September | 8,152,888 | 82 | 35 |
August | 10,648,577 | 105 | 44 |
July | 10,130,287 | 100 | 53 |
June | 8,564,268 | 102 | 56 |
May | 8,169,837 | 93 | 39 |
April | 7,321,996 | 120 | 52 |
March | 7,672,632 | 90 | 40 |
February | 6,217,756 | 78 | 27 |
January | 6,168,141 | 86 | 38 |
Month | Travellers processed at the border | Travellers who had a personal digital device examined | Resultant examinations |
---|---|---|---|
December | 6,702,771 | 89 | 36 |
November | 6,007,921 | 81 | 33 |
October | 7,048,388 | 96 | 38 |
September | 7,950,632 | 78 | 39 |
August | 9,771,466 | 67 | 27 |
July | 9,707,277 | 69 | 28 |
June | 7,606,291 | 82 | 40 |
May | 7,143,532 | 110 | 49 |
April | 6,626,281 | 104 | 50 |
March | 6,608,819 | 115 | 55 |
February | 5,235,993 | 112 | 51 |
January | 5,610,318 | 111 | 46 |
Month | Travellers processed at the border | Travellers who had a personal digital device examined | Resultant examinations |
---|---|---|---|
December | 5,449,152 | 98 | 42 |
November | 5,063,138 | 97 | 55 |
October | 5,673,635 | 87 | 33 |
September | 5,621,094 | 95 | 46 |
August | 6,923,497 | 80 | 27 |
July | 6,677,716 | 73 | 36 |
June | 5,657,318 | 109 | 45 |
May | 5,210,587 | 110 | 56 |
April | 4,619,699 | 97 | 39 |
March | 3,447,754 | 110 | 39 |
February | 2,076,958 | 135 | 38 |
January | 2,109,291 | 132 | 57 |
Month | Travellers processed at the border | Travellers who had a personal digital device examined | Resultant examinations |
---|---|---|---|
December | 3,036,390 | 125 | 49 |
November | 2,351,764 | 149 | 43 |
October | 2,152,088 | 167 | 51 |
September | 2,068,895 | 123 | 46 |
August | 2,064,180 | 123 | 38 |
July | 1,346,570 | 114 | 40 |
June | 1,090,717 | 118 | 34 |
May | 1,008,148 | 190 | 70 |
April | 981,064 | 153 | 39 |
March | 977,385 | 152 | 25 |
February | 860,326 | 146 | 28 |
January | 1,037,282 | 234 | 39 |
Month | Travellers processed at the border | Travellers who had a personal digital device examined | Resultant examinations |
---|---|---|---|
December | 1,908,411 | 189 | 52 |
November | 947,034 | 152 | 29 |
October | 1,021,897 | 206 | 44 |
September | 1,019,900 | 185 | 37 |
August | 1,040,600 | 216 | 40 |
July | 965,098 | 180 | 38 |
June | 850,846 | 132 | 24 |
May | 648,007 | 131 | 29 |
April | 581,033 | 70 | 10 |
March | 4,589,261 | 812 | 214 |
February | 6,515,629 | 1,340 | 378 |
January | 6,624,860 | 561 | 200 |
Month | Travellers processed at the border | Travellers who had a personal digital device examined | Resultant examinations |
---|---|---|---|
December | 7,166,500 | 731 | 309 |
November | 6,527,587 | 641 | 301 |
October | 7,564,455 | 666 | 258 |
September | 8,594,557 | 893 | 410 |
August | 11,341,612 | 813 | 424 |
July | 10,682,022 | 1,087 | 493 |
June | 8,955,396 | 915 | 396 |
May | 8,323,796 | 933 | 426 |
April | 7,754,147 | 1,161 | 444 |
March | 7,951,855 | 1,100 | 446 |
February | 6,094,673 | 1,104 | 455 |
January | 6,488,510 | 1,013 | 372 |
Month | Travellers processed at the border | Travellers who had a personal digital device examined | Resultant examinations |
---|---|---|---|
December | 7,052,067 | 1,097 | 389 |
November | 6,422,436 | 921 | 344 |
October | 7,476,724 | 1,465 | 581 |
September | 8,535,608 | 1,048 | 469 |
August | 11,045,671 | 1,103 | 466 |
July | 10,581,455 | 1,293 | 468 |
June | 8,977,814 | 1,139 | 493 |
May | 8,302,382 | 1,168 | 471 |
April | 7,591,599 | 1,583 | 571 |
March | 8,004,829 | 988 | 376 |
February | 6,295,015 | 1,149 | 393 |
January | 6,608,788 | 1,359 | 359 |
Month | Travellers processed at the border | Travellers who had a personal digital device examined | Resultant examinations |
---|---|---|---|
December | 6,970,113 | 1,195 | 446 |
November | 6,512,916 | 840 | 300 |
Note Travelling or returning to Canada? Cross the border smoothly whether arriving by air, land or boat.
Page details
- Date modified: