Quick Answer
CBSA Border Services Officers enforce the Immigration and Refugee Protection Act (IRPA) at ports of entry, determining whether individuals are admissible to Canada. When someone is found inadmissible, officers can issue removal orders, refer the case to the Immigration and Refugee Board, or detain the individual depending on the circumstances and grounds for inadmissibility.
What Makes Someone Inadmissible to Canada?
Under IRPA, a foreign national or permanent resident can be found inadmissible to Canada on several grounds:
- Security — involvement in espionage, terrorism, subversion, or being a security threat
- Human or international rights violations — war crimes, crimes against humanity, or senior positions in governments responsible for gross human rights violations
- Serious criminality — conviction for an offence that carries a maximum sentence of 10+ years in Canada, or a foreign conviction equivalent
- Criminality — conviction for an indictable offence, or two or more summary offences
- Organized crime — membership in or association with criminal organizations
- Health grounds — medical conditions that might endanger public health or safety, or place excessive demand on health services
- Financial reasons — inability or unwillingness to support oneself
- Misrepresentation — providing false information in an immigration application or to an officer
- Non-compliance with IRPA — failing to comply with conditions of entry, overstaying, working without authorization
What Happens When an Officer Suspects Inadmissibility
When a CBSA officer has concerns about a traveller’s admissibility, the process typically unfolds as follows:
- Referral to secondary examination — the traveller is sent for a more detailed interview and document review
- Immigration examination — an officer conducts a formal examination under IRPA, which may include questions under oath and review of supporting documents
- Decision — the officer determines whether the person is admissible or inadmissible
If inadmissibility is found, the officer issues an appropriate document and either allows the person to leave voluntarily or detains them.
Types of Removal Orders
CBSA issues different types of removal orders depending on the grounds of inadmissibility and the person’s immigration status:
Departure Order
The least serious removal order. The individual must leave Canada within 30 days and confirm their departure with CBSA. If they comply, they may be eligible to return to Canada in the future.
Exclusion Order
The individual must leave Canada and cannot return for one year (or five years in misrepresentation cases) without special written permission.
Deportation Order
The most serious removal order. The individual must leave Canada and cannot return without authorization from the Minister of Immigration. Issued for serious criminality, security grounds, and other severe inadmissibility findings.
Detention During Immigration Proceedings
Officers can detain individuals where there are grounds — flight risk, public danger, or identity concerns. Detained individuals are held in an Immigration Holding Centre or, in some cases, a provincial correctional facility pending a detention review. See CBSA Detentions and Arrests for the full detention review process.
Refugee Claimants at the Border
When a person claims refugee protection at a port of entry, CBSA officers:
- Record the claim and provide the individual with information about the refugee process
- Refer eligible claimants to the Immigration and Refugee Board (IRB) within 3 working days (or 1 working day in the case of claims made at an inland office)
- May conduct a brief eligibility assessment — some claims are ineligible (e.g., prior refugee claims in safe third countries under the Safe Third Country Agreement)
Officers do not determine whether a refugee claim is valid — that determination is made by the IRB. See CBSA Hearings and Appeals for more on the IRB process.
Inland Enforcement
Not all immigration enforcement happens at the border. CBSA’s inland enforcement officers investigate individuals who are in Canada illegally, have violated conditions of their status, or are subject to removal orders. This includes:
- Tracking individuals who have not complied with removal orders
- Arresting and detaining people unlawfully in Canada
- Executing removal orders by escorting individuals to their country of citizenship
See CBSA Inland Enforcement Officer for a career overview of this specialized role.
Frequently Asked Questions
Can a CBSA officer refuse entry to a Canadian citizen?
No. Canadian citizens have the absolute right to enter Canada and cannot be denied entry. However, citizens can still be examined and may face customs-related charges.
What happens to permanent residents found inadmissible?
Permanent residents can lose their status and be issued removal orders for serious criminality or other grounds. The process involves a hearing before the IRB.
Can someone appeal a removal order?
Yes. Most removal orders can be appealed to the Immigration Appeal Division (IAD) of the IRB, with some exceptions (e.g., serious criminality findings). Federal Court judicial review is also available.
How long can CBSA hold someone at a port of entry before letting them in or turning them away?
There is no fixed maximum time for a port of entry examination, but prolonged detention requires detention review before the IRB within 48 hours.
