• assessing whether people and goods can lawfully enter Canada;
• detaining and removing people who may pose a threat to Canada;
• administering trade legislation and agreements;
• enforcing trade remedies that help protect Canadian industry; and
• collecting duties and taxes on imported goods. 
  

The Canada Border Services Agency (CBSA) provides integrated border services, such as managing, controlling and securing Canada's borders, in support of national security priorities. For example, the CBSA:

• admits people to Canada
• refers refugee claims made at ports of entry to the IRB
• detains people who are a security risk or a danger to the public
• removes people who are inadmissible to Canada

The CBSA is part of the Government of Canada's public safety portfolio. It is an agency of Public Safety and Emergency Preparedness Canada (PSEP).

Applying for work permits at ports of entry

Border services officers at ports of entry make the final decision on who may enter Canada. With respect to the TFWP, this includes assessing admissibility, work permit eligibility and other documentary requirements. For more information on applying for work permits at ports of entry, please visit CIC's Web site.

Who can apply for a work permit at a port of entry?

• nationals or permanent residents of the United States, Greenland, and Saint-Pierre and Miquelon;
• persons whose employment does not require a labour market opinion or a temporary resident visa;
• persons who require a labour market opinion and a positive opinion has been issued before they enter Canada; and
• persons whose work permit has been approved but not issued.

Admissibility requirements

Meeting all the requirements to work under the TFWP does not guarantee a person's entry into Canada. A prospective temporary foreign worker must also prove to a border services officer that he or she is admissible to Canada and meets the requirements of the Immigration and Refugee Protection Act and the Immigration and Refugee Protection Regulations (see sections 34-42 of the Immigration and Refugee Protection Act).

Documentary requirements

• a valid passport or travel document, unless the person is exempt (see subsection 52(2) of the Immigration and Refugee Protection Regulations ); and
• a valid temporary resident visa, if required.

Other required documentation to support a work permit application

• a valid job offer/employment contract;
• a positive labour market opinion from HRSDC or a labour market opinion exemption from CIC;
• a valid immigration medical certificate;
• a Quebec certificate of acceptance to work in Quebec, if applicable;
• professional/academic and/or job qualifications; and
• applicable registrations or licences.

Removals

As part of its enforcement of the Immigration and Refugee Protection Act, the Canada Border Services Agency (CBSA) may remove from Canada any person who has been issued a removal order for breaching the Act. There are three types of removal orders and each one has different consequences. A removal order can be appealed in certain situations. People cannot be removed from Canada if they have appealed a removal order and the appeal has not been decided, if they are involved in another legal proceeding or if they have been found to be people in need of protection.

Who is responsible?

CBSA officers carry out removals. In some cases, RCMP officers or medical personnel may assist them. Depending on the type of removal order required, the order is issued either by a CBSA officer or by a member of the Immigration Division of the Immigration and Refugee Board of Canada (IRB), an independent tribunal. The IRB's Immigration Appeal Division hears appeals of eligible removal orders. The Federal Court may review the Immigration Appeal Division's ruling.

Types of removal orders

If either a CBSA officer or a member of the IRB's Immigration Division determines that a person has breached the Immigration and Refugee Protection Act, he or she may issue one of the following removal orders:

Departure order: A departure order requires that the person leave Canada within 30 days after the order becomes enforceable.

Exclusion order: A person who has been removed as a result of an exclusion order cannot return to Canada for one year unless the written permission of the CBSA is obtained. However, people who are issued exclusion orders for misrepresentation cannot return for two years without written authorization from the CBSA.

Deportation order: A person who has been removed as a result of a deportation order is permanently barred from returning to Canada. Such people may never return unless they receive written permission from the CBSA.

All three removal orders require the person concerned to confirm his or her departure from Canada with the CBSA.

A departure order automatically becomes a deportation order when someone who has been issued a departure order does not leave Canada as required or leaves Canada without confirming his or her departure with the CBSA.

Departure and exclusion orders are usually issued for less serious violations.

If a person is issued a removal order and files a claim for refugee protection, the removal order does not come into force until the claim has been decided. If the claim for protection is accepted, the removal order is cancelled. Unsuccessful claimants who had conditional departure orders issued against them must leave Canada within 30 days of the date of the final determination of the claim or the order becomes enforceable.

In all cases, the individuals and their authorized representatives are informed of the reasons for the removal and are given a copy of the removal order. Family members in Canada who are dependants of the person subject to a removal order may be included in the removal order provided they are not Canadian citizens or permanent residents 19 years of age or over.

Removals: How

Once a removal order has been issued, the CBSA carries out the removal as soon as possible. The CBSA can assign an escort if there is concern that the person in question will not obey the removal order or if an escort is required to facilitate the removal. If the individual is considered very dangerous or a threat to the health or safety of other travellers, the RCMP or a medical officer may assist the CBSA in escorting the person out of the country.

Appeals

Foreign nationals who hold a permanent resident visa, permanent residents and protected persons who have had removal orders issued against them at an examination or admissibility hearing can appeal to the IRB's Immigration Appeal Division. However, they cannot appeal if they have been found inadmissible for any of the following reasons:

• They are a security threat;
• They have violated human or international rights;
• They have received a sentence of at least two years for criminal activity;
• They are or have been involved in organized crime; or
• They have made a misrepresentation, except in cases where the person is the sponsor's spouse, common-law partner or child.

An appeal can be launched by the person who was ordered removed or by the CBSA on behalf of the Deputy Prime Minister, the Minister of Public Safety or the Minister of Citizenship and Immigration. The Immigration Appeal Division can stay (postpone) removal orders.

The Immigration Appeal Division hears appeals. If the appeal is rejected, the person can ask the Federal Court to review the Division's decision. The Deputy Prime Minister and the Minister of Public Safety can also request a review.

Removals: Reasons for delays

Sometimes there is a delay between the time a removal order is issued and the time the person actually leaves Canada. The reason(s) for this can include the following:

Appeals and legal proceedings: The person has appealed the removal order or may be involved in other legal proceedings, such as a criminal trial.

Claim for protection: The person has claimed to be a person in need of protection and the case has not been heard or decided.

Travel documents: The CBSA may have had difficulty obtaining passports or visas to permit the person to enter another country.

Identity: The person's identity or citizenship cannot be confirmed.

Failure to appear: The person does not appear for removal at the proper time or location, and the CBSA must issue an immigration arrest warrant.

Temporary suspension of removal: Dangerous conditions exist that make it impossible to safely return the person to the country of origin.

Pre-removal risk assessment: The person has applied to the Minister of Citizenship and Immigration to determine if he or she would be at risk (e.g. of torture, of cruel and unusual punishment) if returned to his or her country of nationality.

Appeals of removal orders

As part of its enforcement of the Immigration and Refugee Protection Act (IRPA), the Canada Border Services Agency (CBSA) may refuse to admit persons seeking to enter Canada and may order the removal of persons who have breached IRPA. In some cases, the Immigration Division of the Immigration and Refugee Board of Canada (IRB) can order persons who are in violation of IRPA to be removed. In certain cases, these removal orders may be appealed to the Immigration Appeal Division of the IRB.

Who is responsible?

The CBSA hearings officers represent the Minister of Public Safety at removal order appeal hearings before the IRB's Immigration Appeal Division. The IRB is an independent tribunal and its members are trained in immigration law. The Federal Court Trial Division may review the Immigration Appeal Division's determinations.

Who can appeal to the Immigration Appeal Division?

IRPA allows certain persons to appeal removal orders made by CBSA officers or by members of the IRB's Immigration Division. The following persons can appeal to the IRB's Immigration Appeal Division:

• Permanent residents — persons who have acquired permanent resident status in Canada and have not lost that status.
• Permanent resident visa holders — foreign nationals who hold permanent resident visas and are denied entry upon first arriving in Canada.
• Protected persons — persons who are found to be in need of Canada's protection.

Normally persons will not be removed from Canada until their appeal has been decided. If they have been removed from Canada, they may be permitted to return to attend their appeal hearing.

Loss of right of appeal

In certain situations, foreign nationals and permanent residents do not have a right to appeal. Persons may lose their appeal rights if a CBSA officer or a member of the Immigration Division determines that they are security threats or war criminals, or that they have committed crimes against humanity, were involved in organized crime or are serious criminals. A serious criminal is a person who has been convicted of a crime in Canada that may be punishable by at least 10 years in prison and for which a sentence of at least two years is given.

Reasons for an appeal

Persons who have been issued a removal order may appeal it if they believe that any of the following circumstances applies:

• The decision of the CBSA officer or the Immigration Division member to issue the removal order was wrong in law, fact or both law and fact;
• There was a failure to observe a principle of natural justice; or
• They believe that they should not be removed from Canada on humanitarian or compassionate grounds.

The CBSA, on behalf of the Minister of Public Safety, may appeal a decision of the Immigration Division only on the basis that the decision was wrong in law, fact or both law and fact, or if there was a failure to observe a principle of natural justice.

Who hears the appeal?

Members of the Immigration Appeal Division hear appeals. The CBSA hearings officers represent the Minister of Public Safety at removal order appeal hearings. The hearings are held in public and operate much like a regular court. However, rules of evidence are more flexible and Division members can consider any evidence they believe is credible and trustworthy.

Results of an appeal

The Immigration Appeal Division can take one of three actions following an appeal hearing:

• Dismiss the appeal — the appeal is rejected and the removal order is confirmed.
• Allow the appeal — the appeal is successful and the removal order is cancelled.
• Stay the removal order — the removal order is postponed for a certain period of time under certain terms and conditions.

The Immigration Appeal Division will impose the following mandatory terms and conditions when granting a stay of removal (other terms and conditions may also be imposed):

• The person concerned must inform the CBSA and the Immigration Appeal Division in writing of any change of address;
• The person must provide a copy of his or her passport or travel document (if he or she does not have a proper travel document or it has become invalid, he or she will have to apply for or extend his or her travel document or passport);
• The person must not commit any criminal offences; and
• The person must report immediately in writing to the CBSA if he or she is charged or convicted of a criminal offence.

If, at the end of the period of the stay, the person has complied with the terms and conditions, the Immigration Appeal Division may allow the appeal and cancel the removal order. If the terms and conditions have not been met, the CBSA can apply to have the stay cancelled and the appeal dismissed. Once the appeal is dismissed, the CBSA will carry out the removal order.

Review by the Federal Court

Both the person concerned and the Minister of Public Safety may apply to the Federal Court for a review of an Immigration Appeal Division decision. They must first obtain permission (leave) of the Federal Court to make the request for review. If the Federal Court grants permission, it will then review the request and dismiss it or set aside the Division's original decision and order a new appeal hearing.

Stays and Removal Orders- Delegation of ministerial powers, duties, and functions

Immigration investigations and admissibility hearings

To enforce the Immigration and Refugee Protection Act, Canada Border Services Agency (CBSA) investigates possible breaches of the Act. If there is sufficient evidence of a breach of the Act, officers may deal with the people involved or direct them to appear at an admissibility hearing. An admissibility hearing is like a court hearing. It is held before a member of the Immigration Division of the Immigration and Refugee Board (IRB). In some cases, removal orders may be appealed to the Immigration Appeal Division (IAD) of the IRB. The Federal Court of Canada Trial Division may review the IAD's ruling.

Who is responsible

Local and regional CBSA staff, including immigration enforcement officers, hearings officers and delegates of the Minister (usually local CBSA managers, supervisors or officers), are involved in the investigation and admissibility hearing process. Members of the Immigration Division conduct admissibility hearings. The IRB is independent of CBSA and its members are trained in immigration law. In some cases, removal orders may be appealed to the IAD of the IRB.

Immigration investigations

CBSA employs enforcement officers across Canada to investigate people who may have breached the Act. They work closely with the RCMP, local police and other agencies and, when necessary, can arrest, detain and remove people who breached the Act.

Investigations can begin with police reports, tips from the public, or the person's own admission. If there is sufficient evidence that a breach has been committed, the officer may submit a report to the Minister's delegate. The person under investigation may then face an administrative process for less complicated breaches, or an admissibility hearing presided over by a member of the Immigration Division, if the breach is more complicated.

For less complicated breaches (for example, when a visitor has remained in Canada longer than authorized), the Minister's delegate decides whether or not a breach has occurred and, if necessary, issues a removal order requiring the person to leave the country.

Admissibility hearings

When a more complicated breach is alleged, the Minister's delegate reviews the investigation report and refers the matter to the Immigration Division for an admissibility hearing.

Admissibility hearings are similar to court hearings and are generally open to the public. However, they are held in camera if they concern refugee protection claimants or if the Division determines that there is:

• a danger to a person's life (for example, a person may be testifying in a case involving organized crime);
• a serious possibility that the fairness of the admissibility hearing would be jeopardized (for example, a woman may be reluctant to testify against her husband if the admissibility hearing is held in public); or
• a risk that information involving public security might be disclosed (for example, the admissibility hearing concerns a person who is inadmissible on security grounds).

Like a judge, a member of the Immigration Division presides over the admissibility hearing and listens to evidence presented by an officer representing the Minister, the person in question and his or her representative if there is one. Unlike a court hearing, however, there is no jury and there are fewer restrictions on evidence. At the end of the admissibility hearing, the member decides if the person is admissible. If the person is admissible, he or she is allowed to enter or remain in Canada. The member may set conditions.

If the person is inadmissible to Canada, a removal order is issued that requires the person to leave the country. The member can also decide if the person should be placed under detention or if conditions should be imposed upon release.

Appeals of removal orders

Some foreign nationals with permanent resident visas, some permanent residents and some protected persons who have had removal orders issued against them at an examination or admissibility hearing can appeal to the IRB's Immigration Appeal Division. Those who cannot appeal removal orders are foreign nationals, permanent residents and protected persons who are found inadmissible because they:

• are security threats;
• have violated human or international rights;
• received a sentence of at least two years for criminal activity;
• are or have been involved in organized crime; or
• have made a misrepresentation, except in cases where the person is the sponsor's spouse, common-law partner or child.

An appeal can be launched by the person who was ordered removed or by CBSA on behalf of the Minister of Public Safety and Emergency Preparedness. The IAD can stay removal orders.

What changed with the introduction of the Immigration and Refugee Protection Act on June 28, 2002

In-camera admissibility hearings involving refugee claimants Admissibility hearings for refugee protection claimants are held in-camera under the new Act. This recognizes the need to protect the confidentiality of the claimant.

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