The Canada Border Services Agency is responsible for immigration enforcement, including investigations, reporting requirements, arrest and detention, admissibility enforcement and removals. CBSA may arrest, detain, monitor and remove foreign nationals who are not legally entitled to remain in Canada, subject to IRPA, the Regulations and procedural safeguards.
CBSA investigations and enforcement notices
- CBSA reporting requirements and enforcement interviews
- Immigration warrants and arrest
- Removal interviews, travel documents and scheduled removals
- Admissibility investigations and section 44 processes
- Detention and alternatives to detention
- Compliance with release or reporting conditions
- Coordination with IRCC, IRB and court proceedings
Removal enforcement
Once a removal order is enforceable and no legal stay applies, IRPA requires the person to leave Canada immediately and requires enforcement as soon as possible. CBSA can coordinate travel documents and removal arrangements and can issue a warrant where a person fails to appear as directed.
Alternatives to detention
CBSA describes detention as a measure of last resort and states that reasonable alternatives must be considered. Current alternatives include deposits or guarantees, reporting conditions, community case management and supervision, electronic monitoring in selected cases, and the ReportIn application.
How a CBSA enforcement matter can begin
Enforcement can arise at a port of entry, after information is received by CBSA, through an inland investigation, following the loss or expiry of immigration status, or after another immigration proceeding results in an enforceable removal order. The first step is to identify exactly what CBSA is asking the person to do and what legal process is underway.
Section 44 inadmissibility reports
Where an officer believes that a permanent resident or foreign national may be inadmissible, the process can involve a report under IRPA section 44. Depending on the statutory ground and the person's status, the matter may result in a removal order or referral to the Immigration Division for an admissibility hearing. See Section 44 Inadmissibility Reports.
CBSA reporting and removal interviews
A reporting appointment can concern compliance, identity or travel documents, enforcement conditions or removal arrangements. A person who receives a notice should confirm the date, location and documents requested and understand the underlying immigration status before attending. See CBSA Direction to Report.
Arrest, warrants and detention
Failure to attend as directed can have serious enforcement consequences. Where CBSA detains a permanent resident or foreign national, continued detention is subject to review by the Immigration Division. Release planning, suitable bondspersons and alternatives to detention can become important immediately. See Detention Reviews.
When a removal order is already in force
The type of removal order, whether it has become enforceable and whether a legal stay applies determine the immediate enforcement position. Related issues can include PRRA eligibility, a removal deferral request, an IAD appeal where a statutory right exists, and an Authorization to Return to Canada after removal.
Misrepresentation and criminality
CBSA enforcement may also arise from allegations of misrepresentation or criminal inadmissibility. These grounds have different legal tests and can affect both the enforcement process and access to an appeal.
What to do after receiving CBSA documents
- Keep every notice, report, removal order and document served by CBSA.
- Record the date each document was received and every upcoming reporting, hearing or removal date.
- Collect relevant IRCC, IRB and IAD decisions and any previous court documents.
- Do not assume that a pending immigration application automatically stops enforcement.
- Have the precise enforcement stage and available remedies assessed promptly.
Prepare for an enforcement consultation
Arrange the documents in the order received: examination or interview notices, officer correspondence, reports, release conditions and previous decisions. Write down what the officer requested and when. This helps us distinguish an investigation from an existing removal process and identify the records needed for the next step.
For the full service directory, visit CBSA enforcement and urgent help. If a removal date is already set, go directly to removal orders and deportation.
Representation in CBSA and IRB matters
Counsel Harjeet Arora, RCIC-IRB, represents clients in immigration and refugee matters within the authorized regulated scope, including proceedings before the Immigration Division and Immigration Appeal Division.
This page provides general information only and is not legal advice. CBSA powers, procedural rights and available remedies depend on the person's status, the allegation and the stage of enforcement.
Immigration criteria, document requirements and public policies can change. Advice should be based on the rules and facts applicable when you apply.