Transition Binder: Border Management

Public Safety Canada provides advice to the Minister of Public Safety on immigration and border-security files. In doing so, it provides integrated analysis and policy advice in relation to Canada-United States (U.S.) border security, including the recently announced Border Plan, migration security, Enhanced Civilian Review, the Preclearance Program, and related bilateral and international fora, such as the Canada-U.S. Cross Border Crime Forum. This work is coordinated by Public Safety through collaboration with the Canada Border Services Agency (CBSA), the Royal Canadian Mounted Police (RCMP) and the Canadian Security Intelligence Service (CSIS). These portfolio partners play key roles in border management by leading and delivering a wide range of border and immigration security files from an operational, program and policy perspective.

The bi-national Preclearance Program extends accountability beyond the portfolio and includes active participation from Justice Canada, Transport Canada, Global Affairs Canada, and U.S. counterparts (Department of Homeland Security).

Relevant Mandate Letter Commitments

Further Information

Border Plan

The Border Plan, announced on December 17, 2024 is a strategic priority for the Government of Canada, under the leadership of Public Safety and the Portfolio. The plan focuses on the integrity of our shared border with the U.S. and on collaboration between Canadian and U.S. border and law enforcement agencies. It is centered on five pillars: detecting and disrupting the fentanyl trade, introducing new border tools for law enforcement, enhancing operational coordination, increasing information sharing and minimizing unnecessary border volumes. The implementation of the plan is ongoing.

Irregular Migration

The responsibility of the Immigration and Refugee Protection Act (IRPA) is shared between the Minister of Immigration, Refugees and Citizenship (IRCC) and the Minister of Public Safety. Generally, the Minister of Public Safety is responsible for the serious inadmissibility provisions and enforcement of the IRPA, and is granted legal authorities under IRPA to carry out these responsibilities. CBSA, CSIS, and the RCMP play a critical role in fulfilling the Minister of Public Safety's responsibilities under the Act by upholding border integrity to prevent inadmissible persons from entering Canada, and to deter and intercept irregular arrivals.

The Department closely collaborates with the CBSA, CSIS, the RCMP and IRCC to develop strategic policy advice, with the aim of upholding the integrity of Canada's immigration system. Irregular migrants crossing at the Canada-U.S. border undermine the core principle of the Safe Third Country Agreement (SCTA), namely that asylum seekers seek refuge in either Canada or the U.S., whichever they encounter first; unless they qualify for an exemption.

With the implementation of the Additional Protocol in March 2023, the STCA was expanded to apply across the entire Canada-U.S. land border, including internal waterways, such as the Great Lakes. Migrants who present themselves at Ports of Entry (POEs) or that are intercepted between POEs and that do not qualify for an exemption under the STCA will be turned away and sent back to the U.S. The Department, along with CBSA and RCMP, continues to monitor volumes in an effort to identify trends, alternative irregular migration routes, and emerging points of entry and modes of transportation.

Since early 2024, IRCC, supported by the Public Safety Portfolio, has taken additional measures to curb southbound irregular migration, by reimposing a partial visa on Mexico, and by tightening visa issuance procedures, especially for countries that have a high rate of Canadian visa holders attempting to irregularly cross into the U.S., such as India and Bangladesh. The effects of these measures are now being felt and U.S. authorities are reporting a decrease in southbound irregular interceptions.

Preclearance

Preclearance is a binational program that enhances border security and expedites the flow of travellers and goods across the Canada-U.S. border. Presently, over 400 U.S. Preclearance Officers are deployed to Canada and exercise specific legislated authorities at Canada's eight major airports and at the Alaska Marine Highway Ferry Terminal in Prince Rupert, British Columbia, to process over 16 million U.S.-bound passengers.

The travel and tourism industry, and regional/provincial governments, are key stakeholders in Preclearance. They view the program as an economic driver and, more recently, a key element in recovery plans after the COVID-19 pandemic. As such, expansion of Preclearance to new facilities in Canada and the U.S. is a key government policy objective.

Preclearance policy objectives, as well as statutory authorities and responsibilities are divided in terms of U.S. Preclearance operations in Canada, and Canadian Preclearance operations in the U.S. The Department coordinates all facets of the program in Canada, ensures proper governance of the Preclearance framework (treaty and legislation), supports key decisions, and monitors CBSA efforts with respect to establishing Canada Preclearance operations in the U.S.

Statutory preclearance authorities currently allow U.S. Preclearance officers to examine a traveller's personal digital devices on a no-threshold basis. Similar authorities relied upon by the CBSA under the Customs Act have been found unconstitutional by various appellate courts in Canada. To address these findings, proposed amendments to the Preclearance Act, 2016 and Customs Act have been introduced by Bill S-7, to raise the legal threshold to perform these searches.

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Immigration Levels Plan

The yearly Immigration Levels Plan, which is led by IRCC, establishes immigration admission targets across a broad range of immigration and refugee classes. These programs are operationally supported by CBSA, RCMP, and CSIS, which perform key activities along the immigration continuum. CBSA operational activities include POE processing (e.g., PR landings), security screening activities, and any resulting downstream inland enforcement and intelligence/investigative work. CSIS provides security advice related to inadmissibility to IRCC and the CBSA regarding applications made under the IRPA and the Citizenship Act. The RCMP provides identity management services as part of IRCC's applicant screening process, including fingerprint identification and criminal record checks, and between Ports of Entry enforcement for irregular migration.

The Department develops integrated policy advice in collaboration with Portfolio agencies to ensure that risks and resource implications are carefully considered and incorporated throughout the Levels planning process.

Canada-U.S. Cross-Border Crime Forum

The Cross-Border Crime Forum (CBCF) is a recurring joint Ministerial forum that the Minister of Public Safety co-chairs with the Minister of Justice, the U.S. Attorney General, and the U.S. Secretary of Homeland Security. The Department serves as the secretariat in conjunction with Justice Canada.

Following a shared commitment outlined in President Biden and Prime Minister Trudeau's February 2021 Roadmap for a Renewed U.S.-Canada Partnership, the CBCF was reinvigorated for the first time since 2012. The latest CBCF was held on July 11, 2024, in Washington, D.C., where items of discussion included: foreign interference/national security; law enforcement cooperation and information sharing; sex offender travel, and online crime and hate crimes.

Enhanced Civilian Review (Bill-C20)

Bill C-20, which obtained Royal Assent on October 31, 2024, will establish the Public Complaints and Review Commission (PCRC) through the enactment of a new standalone statute, the Public Complaints and Review Commission Act (PCRC Act). By establishing the PCRC, which will serve as an enhanced civilian review body for both the RCMP and CBSA, Bill C-20 responds to stakeholder concerns around the lack of independent oversight for the CBSA, as well as the lack of sufficient oversight over federal law enforcement agencies.

Public Safety is leading the implementation of Bill C-20, in consultation with the Civilian Review and Complaints Commission (which will become the PCRC), the CBSA and the RCMP. Full implementation of the PCRC Act is currently planned for [REDACTED].

Exemption Orders

The Minister of Public Safety is sometimes asked to assist in facilitating U.S. operations that may require entry into Canada, including in the form of Land, Marine, and Multi-modal Exemption Orders (EOs). [REDACTED] There are existing Land and the Marine EOs that will expire on March 31, 2025, while the Multi-modal EO will expire on August 4, 2028. [REDACTED]

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