The Canada–United States Safe Third Country Agreement (STCA) is a bilateral treaty under which Canada and the United States treat each other as safe countries for the purposes of refugee protection. The core effect is that most asylum seekers who arrive at the Canada–US border — either at an official port of entry or, since March 2023, anywhere along the land border — can be returned to the US to make their refugee claim there, rather than being permitted to claim protection in Canada.

The STCA was significantly expanded on March 25, 2023, closing the irregular crossing loophole that had allowed hundreds of thousands of asylum seekers to enter Canada between official ports of entry and claim protection. Under the expanded agreement, irregular crossers who make an asylum claim within 14 days of crossing are subject to return to the US. For current guidance, refer to the IRCC STCA page.

• Immigration and Refugee Protection Act (IRPA), s 101(1)(e) — makes a refugee claim ineligible if the claimant came to Canada from a designated safe third country
• Immigration and Refugee Protection Regulations, s 159.3 — designates the United States as a safe third country
• Canada–United States Safe Third Country Agreement — the bilateral treaty, originally signed December 5, 2002, in force December 29, 2004
• Additional Protocol to the STCA — expanded the agreement to the full land border (including internal waterways), effective March 25, 2023
• IRCC: Safe Third Country Agreement — canada.ca/stca

Original STCA — official ports of entry

The original STCA (in force since 2004) applied only at official land border crossings (ports of entry). Under it, a person who arrived at a Canadian land port of entry directly from the US could be returned to the US to make their asylum claim there. The practical effect was that claimants wishing to seek asylum in Canada began crossing irregularly — away from official ports of entry — because the STCA did not apply to irregular crossers once they had set foot on Canadian soil.

The March 2023 expansion — closing the irregular crossing loophole

On March 25, 2023 at 12:01 a.m. EDT, Canada and the United States brought an Additional Protocol to the STCA into force. The protocol expanded the agreement to cover the entire Canada–US land border, including internal waterways — not just official ports of entry. The key change is the 14-day rule:

• A person who crosses the Canada–US land border irregularly (between official crossings) and makes an asylum claim in Canada within 14 days of that crossing is now subject to the STCA
• CBSA can return that person to the United States under the agreement
• The claim is found ineligible for referral to the RPD under IRPA s 101(1)(e)

The 14-day window is measured from the date of irregular crossing. A person who enters irregularly but does not make a claim until more than 14 days later is not subject to return under the expanded STCA — though they may face other inadmissibility issues.

Exceptions to the STCA

The STCA (including the expanded protocol) provides specific exceptions under which a claimant is not subject to return to the US even if they would otherwise fall within the agreement:

• Family ties in Canada: The claimant has a family member in Canada who is a Canadian citizen, permanent resident, protected person, or holds a valid work or study permit. "Family member" is defined in the agreement and regulations and includes spouse, common-law partner, child, parent, sibling, grandparent, grandchild, aunt, uncle, niece, nephew, or guardian.
• Unaccompanied minors: The claimant is an unaccompanied minor (under 18) without a parent or legal guardian in either Canada or the United States
• Document holders: The claimant holds a valid Canadian visa or other travel document (other than a transit visa) issued by Canada
• Public interest exception: CBSA determines it is in the public interest to allow the claim to proceed in Canada

If an exception applies, the claim is referred to the RPD in the usual way.

Impact on irregular crossings and asylum volumes

The expansion had a measurable effect on irregular crossings at the most visible crossing point (Roxham Road in Quebec, which had been the primary irregular crossing point). Irregular arrivals at Roxham Road dropped significantly following the March 2023 expansion. However, total asylum claim volumes in Canada remained high — 144,000 claims were made in 2023 and approximately 173,000 in 2024 — reflecting increases in claims at official ports of entry and inland (within Canada) rather than at the land border. The expanded STCA displaced but did not eliminate high asylum volumes.

Constitutional challenge

The STCA and the designation of the US as a safe third country have been subject to constitutional challenge in Canadian courts. The Federal Court of Appeal has addressed challenges relating to whether the US meets the standard of a "safe" country for refugee claimants; these proceedings were ongoing as of 2026. For the current legal status, refer to the IRCC STCA page.

Claims found ineligible under the STCA

A claimant found ineligible under the STCA (because the agreement applies and no exception is met) is not referred to the RPD and cannot have their claim heard in Canada. They are subject to removal to the US. A person in this position may apply for a Pre-Removal Risk Assessment (PRRA) if they face risk in the US, but the PRRA is a more limited process than a full refugee hearing. See the PRRA page for details.

The STCA applies only to the Canada–US land border. It does not apply to claimants who arrive in Canada by air or sea — those claimants are not subject to return to the US under the STCA (though other eligibility rules apply). The agreement also does not affect claimants who are already inside Canada when they make their claim — only those who enter from the US and claim within 14 days of that entry. For the most current status of the STCA, including any litigation outcomes or policy updates, refer to the IRCC STCA page.