Overview
The Canada Border Services Agency (CBSA) is the federal agency responsible for enforcing the Immigration and Refugee Protection Act (IRPA) at the Canadian border and within Canada. While IRCC (Immigration, Refugees and Citizenship Canada) is responsible for processing applications, granting status, and making admissibility decisions at the application stage, CBSA is responsible for enforcing immigration law through investigation, detention, removal, and proceedings before the Immigration and Refugee Board (IRB). Key CBSA enforcement powers include: preparing section 44 inadmissibility reports (the first step in removing an inadmissible person from Canada), detaining foreign nationals and permanent residents who are a flight risk, a danger to the public, or whose identity is unestablished, and removing persons subject to enforceable removal orders. In 2025, CBSA removed over 22,500 inadmissible persons. In March 2026, Bill C-12 strengthened CBSA's legislative tools. This page explains CBSA's enforcement role, the section 44 process, detention authority, and removal operations.
For current CBSA enforcement information, refer to the CBSA website.
Legal basis
- Immigration and Refugee Protection Act, s 44 — authority for CBSA officers to prepare an inadmissibility report where they have reasonable grounds to believe a foreign national or permanent resident is inadmissible; the s44 report triggers inadmissibility proceedings before the Immigration Division
- IRPA, s 55 — CBSA's authority to arrest and detain foreign nationals and permanent residents on immigration grounds (flight risk, danger to public, or identity unknown); detention must be reviewed by the Immigration Division under s 57
- IRPA, s 48 — a removal order that is in force must be enforced as soon as reasonably practicable; the CBSA is responsible for executing removal orders
- IRPA, s 115 — the prohibition on removal to torture or persecution (non-refoulement); constrains CBSA's removal authority in protection-related cases
- Strengthening Canada's Immigration System and Borders Act (Bill C-12) — Royal Assent March 26, 2026; amends IRPA to strengthen CBSA tools for enforcement, border security, and inadmissibility proceedings
- CBSA website — canada.ca/cbsa
How it works
CBSA vs IRCC — distinct roles
Understanding the division of responsibilities between CBSA and IRCC is essential to navigating the Canadian immigration system:
- IRCC (Immigration, Refugees and Citizenship Canada): processes visa and permit applications, issues study permits, work permits, and permanent residence; makes admissibility decisions for most applications; processes citizenship applications; is responsible for immigration policy and the settlement program
- CBSA (Canada Border Services Agency): enforces immigration law at the border and within Canada; conducts examinations at ports of entry; investigates inadmissibility within Canada; issues s44 reports; detains inadmissible persons; executes removal orders; conducts compliance inspections and operations
The two agencies share responsibility for different aspects of admissibility — IRCC makes admissibility decisions for visa applicants offshore or through the online processing system, while CBSA makes admissibility determinations at the port of entry and through enforcement operations within Canada.
Section 44 inadmissibility reports
When a CBSA officer has reasonable grounds to believe a foreign national or permanent resident is inadmissible to Canada (for example, on criminal, security, or misrepresentation grounds), the officer may prepare a section 44 (s44) report. The process:
- The CBSA officer prepares a written report setting out the grounds of inadmissibility
- The report is reviewed by a CBSA supervisor and, if approved, referred to the Immigration Division (ID) of the Immigration and Refugee Board for an admissibility hearing
- At the admissibility hearing, the ID determines whether the person is inadmissible as alleged; if inadmissible, the ID issues a removal order
- For certain serious inadmissibility grounds (national security, war crimes, organised crime), the Minister of Public Safety may refer the matter directly without a full admissibility hearing
For details on the s44 process and admissibility hearings, see the inadmissibility report page.
Immigration detention — authority and review
CBSA has authority under IRPA s 55 to arrest and detain foreign nationals and permanent residents on immigration grounds. The three grounds for detention are:
- Danger to the public: the officer has reasonable grounds to believe the person is a danger to the public — for example, because of criminal history or behaviour posing a risk to others
- Flight risk: the officer has reasonable grounds to believe the person will not appear for examination, admissibility hearing, or removal
- Unknown identity: the identity of the person has not been established and the officer has reasonable grounds to believe the person is inadmissible
Immigration detention is reviewed by the Immigration Division at mandated intervals: within 48 hours of detention, then at 7 days, then at every 30 days thereafter. The IRB can order the person released. As of 2025, over 98% of persons under CBSA supervision are on alternatives to detention (reporting conditions, community bonds, electronic monitoring) rather than held in detention facilities.
For details on the detention review cycle, see the detention review page.
Removal operations
CBSA is responsible for executing removal orders that are in force. Key aspects of Canada's removal operations:
- In 2025, CBSA removed over 22,500 inadmissible persons from Canada — removal priority is given to persons with serious criminal, national security, and organized crime inadmissibilities
- CBSA targets approximately 400 removals per week (approximately 20,000 per year) in 2026-27 under funding committed through the Border Plan
- The highest-priority removals are based on safety and security grounds — national security, war crimes, organized crime, and serious criminality
- CBSA may defer removal in certain circumstances — for example, where a stay of removal is in place (through the IRB, Federal Court, or ministerial stay), where the person has a pending PRRA, or where there is a temporary suspension of removals to a particular country
- In March 2026, CBSA temporarily halted removals to certain countries (Israel, Lebanon, UAE, Kuwait, Bahrain, and Qatar) due to conditions in those countries
For details on removal orders, see the removal orders page.
Bill C-12 — Strengthening Canada's Immigration System and Borders Act (2026)
The Strengthening Canada's Immigration System and Borders Act (Bill C-12) received Royal Assent on March 26, 2026. The Act amends IRPA and other legislation to:
- Strengthen tools for addressing inadmissibility on national security, organized crime, and transnational crime grounds
- Improve CBSA's capacity to detect and prevent illegal border crossings and smuggling (including illicit fentanyl)
- Enhance information-sharing and law enforcement cooperation between CBSA and other federal and provincial agencies
- Strengthen the immigration enforcement and asylum system
For current details on Bill C-12's specific provisions, refer to the Public Safety Canada announcement.
Port of entry examination
CBSA officers at ports of entry conduct the initial examination of all persons seeking to enter Canada — whether citizens, permanent residents, or foreign nationals. CBSA's primary examination determines admissibility; where further examination is required, persons are referred to secondary examination. For details on the POE examination process, see the port of entry examination page.
Related pages
The CBSA-IRCC distinction is one of the most important institutional relationships in Canadian immigration — and one of the most frequently misunderstood. Many immigration applicants assume that immigration in Canada is administered by a single agency; in practice, IRCC and CBSA operate independently with distinct mandates, different ministerial oversight (IRCC reports to the Minister of Immigration; CBSA reports to the Minister of Public Safety), and different enforcement powers. CBSA's enforcement role has expanded significantly in recent years — the Border Plan, Bill C-12, and increased removal targets all reflect a political direction toward stronger enforcement. The alternatives to detention program is an important part of CBSA's detention framework — detaining over 98% of supervised persons in the community rather than in immigration holding centres reflects both cost considerations and human rights concerns around immigration detention. The temporary removal halts (Israel, Lebanon, Gulf states — March 2026) illustrate how CBSA responds to rapidly changing country conditions. For current CBSA enforcement activities, removal statistics, detention information, and Bill C-12 implementation, refer to the CBSA website.