Canada Border Services Agency
Symbol of the Government of Canada

CBSA Migrant Vessel Arrivals – Roles and Responsibilities

Period

Government Lead

Overarching CBSA Role

Operational Activities/Process

Pre-arrival: vessel in international waters

DFAIT

The CBSA works closely with its security partners to monitor the situation and prepare for the potential arrival of the vessel.

Prior to the arrival of a migrant vessel, CBSA preparations include:
-Working with security partners to gather information relating to the vessel
-Working with health partners to prepare measures to meet the immediate health needs of the individuals on board
-Preparing measures to ensure appropriate security, safety and efficiency in immigration and customs processing, in accordance with Canadian law
-Ensuring appropriate resources will be available to manage the situation
-Working with partners to ensure appropriate transportation, accommodation and detention facilities are in place

Arrival: vessel secured in Canadian waters

CBSA

The CBSA works closely with its partners to manage the situation.

The CBSA works with its health partners to ensure the immediate health needs of the individuals are met.

The CBSA performs an initial assessment of the individuals and the vessel.

The CBSA ensures individuals are processed in a safe and secure manner, ensuring that food, water and clothing are available.

The CBSA works with its partners to determine admissibility, process refugee claims and ensure individuals are transported to the appropriate accommodation and detention facilities.

Once a migrant vessel has arrived in Canadian waters and is secured by the RCMP, the CBSA will board the vessel to:
-Perform an initial examination of the individuals and the vessel

Once the vessel arrives in port, the CBSA will:
-Work with its health partners to ensure the immediate health needs of the individuals are met
-Ensure individuals have access to interpreters
-Perform admissibility examinations and refugee eligibility determinations
-Assess the admissibility of refugee claimants and determine whether a refugee claim is eligible for referral to the Immigration and Refugee Board (IRB)
-Process refugee claims in accordance with Canadian law, which involves an examination, the taking of fingerprints and photographs, and security and criminal checks
-Ensure individuals are transported to the appropriate accommodation and detention facilities
-Rummage the vessel and collect evidence concerning violations of the Immigration and Refugee Protection Act and the Customs Act, such as human smuggling as well as weapons and drugs

Post-arrival : detention reviews and refugee claim proceedings

IRB

The CBSA initiates detention of those deemed to be a security risk or individuals whose identity cannot be determined.

The CBSA removes individuals found to be inadmissible to Canada.

While the IRB conducts detention review hearings and refugee proceedings, the CBSA will argue for continued detention of individuals deemed to pose a risk to the public or a flight risk, along with those whose identity has not yet been determined.

Individuals ordered released by the IRB under terms and conditions may be required to report to the CBSA at regular intervals.