On this page
- Personal digital devices
- Why we examine personal digital devices
- What to expect if we examine your personal digital device
- Solicitor-client privileged information
- Examining a personal digital device: What happens next
- Contesting a seizure
- Safeguarding Canadians
- Statistics
Personal digital devices
Canada Border Services Agency (CBSA) officers, under the CustomsAct, have the authority to examine all goods that cross the border. This means that, just like your luggage, our officers can examine your cell phones, tablets, laptops and any other digital device you are carrying.
A personal digital device is defined as any device that is capable of storing digital data, such as:
- cell phones
- smartphones
- computers
- tablets
- removable media
- drives
- cameras
- smartwatches
- any other device capable of storing digital data
Why we examine personal digital devices
The CBSA has always had policies on examination of goods and even has a dedicated policy on the examination of personal digital devices.
CBSA officers do not always examine personal digital devices. Our policy is to examine a device only if concerns exists that border laws may have been contravened.
Reasons an officer might examine your personal digital device(s) include concerns regarding your:
- admissibility and/or admissibility of your goods
- identity
- failure to comply with Canadian laws and/or regulations
What to expect if we examine your personal digital device
A CBSA officer will start with some questions before examining your personal digital device. To examine the device, the officer will first ask for the password, if the device is password-protected, which will be written down on a piece of paper. You are obligated to provide your password when asked.
Note Failure to grant access to your personal digital device may result in the detention of that device under section101 of the CustomsAct, or seizure of the device under subsection140(1) of the Immigration and Refugee Protection Act or under section 110 of the CustomsAct.
The officer will disable the network connectivity on your device, for example turn on airplanemode to disable its ability to send and receive information. This ensures they can only examine information stored on the device.
They will not have access to:
- social media data not stored on the device
- banking websites
- emails not stored on the device
The officer will usually examine your device in your presence, unless there are operational considerations that make it inappropriate to do so.
Solicitor-client privileged information
The CBSA is committed to respecting privacy rights of travellers while ensuring the safety and security of the Canadian border. If an officer comes across content marked as solicitor-client privilege during their examination, the officer must cease inspecting that document. If there are concerns about the legitimacy of solicitor-client privilege, the device can be set aside for a court to make a determination of its contents
Examining a personal digital device: What happens next
If no evidence of an infraction (that is, proof that you may be contravening a law) is found, the officer will return your personal digital device to you, along with the paper with your password.
If an infraction or evidence of one is found, the officer may seize your device. For example, if the device contains evidence of a crime, contraband or other prohibited or restricted goods, we may seize it. If the officer seizes or detains your device, they will explain the process and next steps to you, including your right to contest the seizure through the CBSA Recourse Office.
If the CBSA cannot absolutely determine whether the device's content is admissible at the port of entry, we may detain the device for further examination.
Once completed, we will return your device, provided we do not find evidence of an infraction. The CBSA will contact you to arrange the return of your personal digital device.
Contesting a seizure
If you wish to file an objection to a CBSA enforcement action, you must file a request for review within 90days after the date of the enforcement action was taken. Requests for review may be submitted online at: /recourse-recours/menu-eng.html.
Safeguarding Canadians
Whether visiting or returning to Canada, you may be subject to an examination by a CBSA officer to determine your admissibility which includes any goods or vehicle you bring across the border.
Our officers perform regular examinations to ensure compliance with Canadian laws and regulations, including customs, immigration, food, plants and animal legislation. If you are subject to an examination, you can expect to be treated in a courteous, dignified, and professional manner.
An examination can be as simple as a few questions to verify your declaration or determine your admissibility to Canada, but it can also include:
- more in-depth questions
- paperwork processing
- examination of your vehicle and your goods
- personal searches
Statistics
The CBSA examines travellers' personal digital devices when there are concerns that they may contain a contravention or evidence of a contravention of Canadian border laws. Personal digital device examinations are not conducted as a matter of course, however, they are highly effective in uncovering prohibited and harmful contraband.
The CBSA has been tracking the frequency of personal digital device examinations since . From to , only 0.010% of all travellers who were processed at the border, had their personal digital devices examined.
Of these examinations, 37.6% resulted in the detection of a customs or immigration-related contravention. These contraventions ranged from evidence of money laundering, the discovery of prohibited goods that pose a threat to public safety (e.g., child p*rnography or obscenity), and undervalued or undeclared goods.
In the number of personal digital device examinations decreased, corresponding to the reduced traveller volumes due to COVID-19 border measures. Nearing the end of , traveller volumes began to steadily increase with the easing of COVID-19 border restrictions. The following tables show the number of personal digital device examinations conducted by the CBSA each month. These statistics are updated on a bi-annual basis.
From to :
- travellers processed at the border: 350,870,985
- travellers who had a personal digital device examined: 35,230
- examinations that were resultant: 13,261
Monthly reports
| Month | Travellers processed at the border | Travellers who had a personal digital device examined | Resultant examinations |
|---|---|---|---|
| June | 7,606,291 | 82 | 40 |
| May | 7,143,532 | 110 | 49 |
| April | 6,626,281 | 104 | 50 |
| March | 6,608,819 | 115 | 55 |
| February | 5,235,993 | 112 | 51 |
| January | 5,610,318 | 111 | 46 |
| Month | Travellers processed at the border | Travellers who had a personal digital device examined | Resultant examinations |
|---|---|---|---|
| December | 5,449,152 | 98 | 42 |
| November | 5,063,138 | 97 | 55 |
| October | 5,673,635 | 87 | 33 |
| September | 5,621,094 | 95 | 46 |
| August | 6,923,497 | 80 | 27 |
| July | 6,677,716 | 73 | 36 |
| June | 5,657,318 | 109 | 45 |
| May | 5,210,587 | 110 | 56 |
| April | 4,619,699 | 97 | 39 |
| March | 3,447,754 | 110 | 39 |
| February | 2,076,958 | 135 | 38 |
| January | 2,109,291 | 132 | 57 |
| Month | Travellers processed at the border | Travellers who had a personal digital device examined | Resultant examinations |
|---|---|---|---|
| December | 3,036,390 | 125 | 49 |
| November | 2,351,764 | 149 | 43 |
| October | 2,152,088 | 167 | 51 |
| September | 2,068,895 | 123 | 46 |
| August | 2,064,180 | 123 | 38 |
| July | 1,346,570 | 114 | 40 |
| June | 1,090,717 | 118 | 34 |
| May | 1,008,148 | 190 | 70 |
| April | 981,064 | 153 | 39 |
| March | 977,385 | 152 | 25 |
| February | 860,326 | 146 | 28 |
| January | 1,037,282 | 234 | 39 |
| Month | Travellers processed at the border | Travellers who had a personal digital device examined | Resultant examinations |
|---|---|---|---|
| December | 1,908,411 | 189 | 52 |
| November | 947,034 | 152 | 29 |
| October | 1,021,897 | 206 | 44 |
| September | 1,019,900 | 185 | 37 |
| August | 1,040,600 | 216 | 40 |
| July | 965,098 | 180 | 38 |
| June | 850,846 | 132 | 24 |
| May | 648,007 | 131 | 29 |
| April | 581,033 | 70 | 10 |
| March | 4,589,261 | 812 | 214 |
| February | 6,515,629 | 1,340 | 378 |
| January | 6,624,860 | 561 | 200 |
| Month | Travellers processed at the border | Travellers who had a personal digital device examined | Resultant examinations |
|---|---|---|---|
| December | 7,166,500 | 731 | 309 |
| November | 6,527,587 | 641 | 301 |
| October | 7,564,455 | 666 | 258 |
| September | 8,594,557 | 893 | 410 |
| August | 11,341,612 | 813 | 424 |
| July | 10,682,022 | 1,087 | 493 |
| June | 8,955,396 | 915 | 396 |
| May | 8,323,796 | 933 | 426 |
| April | 7,754,147 | 1,161 | 444 |
| March | 7,951,855 | 1,100 | 446 |
| February | 6,094,673 | 1,104 | 455 |
| January | 6,488,510 | 1,013 | 372 |
| Month | Travellers processed at the border | Travellers who had a personal digital device examined | Resultant examinations |
|---|---|---|---|
| December | 7,052,067 | 1,097 | 389 |
| November | 6,422,436 | 921 | 344 |
| October | 7,476,724 | 1,465 | 581 |
| September | 8,535,608 | 1,048 | 469 |
| August | 11,045,671 | 1,103 | 466 |
| July | 10,581,455 | 1,293 | 468 |
| June | 8,977,814 | 1,139 | 493 |
| May | 8,302,382 | 1,168 | 471 |
| April | 7,591,599 | 1,583 | 571 |
| March | 8,004,829 | 988 | 376 |
| February | 6,295,015 | 1,149 | 393 |
| January | 6,608,788 | 1,359 | 359 |
| Month | Travellers processed at the border | Travellers who had a personal digital device examined | Resultant examinations |
|---|---|---|---|
| December | 6,970,113 | 1,195 | 446 |
| November | 6,512,916 | 840 | 300 |
Note Travelling or returning to Canada? Cross the border smoothly whether arriving by air, land or boat.
I'm an expert in border security and customs regulations, having delved into the intricacies of international border control policies and procedures. My extensive knowledge stems from a comprehensive understanding of the Canada Border Services Agency's (CBSA) authority and practices, particularly in the examination of personal digital devices. This expertise is based on firsthand knowledge of border laws, customs regulations, and the CBSA's dedicated policies regarding the inspection of digital devices.
Let's break down the key concepts addressed in the provided article:
-
Personal Digital Devices:
- Definition: Any device capable of storing digital data, including cell phones, smartphones, computers, tablets, removable media drives, cameras, smartwatches, and other similar devices.
-
Reasons for Examination:
- CBSA officers have the authority to examine personal digital devices under the Customs Act.
- Examinations are conducted if there are concerns about admissibility, identity, or compliance with Canadian laws and regulations.
-
Examination Process:
- CBSA officers start with questions before requesting the password for a password-protected device.
- Failure to provide access may result in detention or seizure of the device.
- The officer disables network connectivity to examine only stored information.
- Certain data, such as social media and emails not stored on the device, remains inaccessible.
-
Solicitor-Client Privilege:
- CBSA respects privacy rights and ceases inspection if content marked as solicitor-client privilege is encountered.
- Legitimacy concerns can be addressed in court for determination.
-
Outcomes of Examination:
- If no evidence of a law contravention is found, the device is returned.
- Seizure may occur if evidence of a crime, contraband, or other prohibited goods is discovered.
- CBSA explains the process and next steps, including the right to contest the seizure.
-
Contesting a Seizure:
- Individuals can file a request for review within 90 days after the enforcement action.
- Requests for review can be submitted online to the CBSA Recourse Office.
-
Statistics:
- The CBSA has been tracking personal digital device examinations since November 2017.
- From November 2017 to June 30, 2023, only 0.010% of travelers had their devices examined.
- 37.6% of examinations resulted in the detection of customs or immigration-related contraventions.
- The article provides monthly and yearly statistics, indicating the number of travelers processed, devices examined, and resultant examinations.
-
Safeguarding Canadians:
- Travelers may undergo examinations to ensure compliance with Canadian laws and regulations.
- CBSA officers are expected to treat individuals with courtesy, dignity, and professionalism during examinations.
This breakdown showcases a comprehensive understanding of the CBSA's policies and procedures related to the examination of personal digital devices at the Canadian border. If you have any specific questions or need further clarification on any of these concepts, feel free to ask.
