American entry into Canada by land
Encyclopedia
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United States nationality law
Article I, section 8, clause 4 of the United States Constitution expressly gives the United States Congress the power to establish a uniform rule of naturalization. The Immigration and Naturalization Act sets forth the legal requirements for the acquisition of, and divestiture from, citizenship of...
and permanent residents entering Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
by land are required to possess the requisite documentation, and to meet other criteria before they are allowed entry into Canada. Consequently, travelers must also meet the requirements for re-entering the U.S. at the end of their visit.
Visitor entry into Canada
Entry into Canada is solely determined by Canada Border Services AgencyCanada Border Services Agency
The Canada Border Services Agency is a federal law enforcement agency that is responsible for border enforcement, immigration enforcement and customs services....
(CBSA) officials in accordance with Canadian law. Visitors are required to have the necessary travel documentation and be in good health. If asked for, they must satisfy an immigration officer of ties to their country of origin. Such ties include a job, home, and family. They must satisfy the officer that they will leave Canada at the end of their visit. They must also have sufficient money for their stay.
All items belonging to an individual, including the vehicle an individual may be traveling in, can be exhaustively searched by the CBSA.
Documentation
Canadian law requires that all persons entering Canada must carry both proof of citizenship and identity. A valid U.S. passportUnited States passport
United States passports are passports issued to citizens and non-citizen nationals of the United States of America. They are issued exclusively by the U.S. Department of State. Besides issuing passports , also limited use passport cards are issued by the same organization subject to the same...
or passport card
Passport card
The passport card is an alternative to a passport produced in the United States to meet the documentary requirements of the Western Hemisphere Travel Initiative. The U.S. Passport Card is a wallet-size travel document, issued to U.S...
is preferred, although a birth certificate
Birth certificate
A birth certificate is a vital record that documents the birth of a child. The term "birth certificate" can refer to either the original document certifying the circumstances of the birth or to a certified copy of or representation of the ensuing registration of that birth...
, naturalization certificate, citizenship certificate, or another document proving US nationality together with a government issued photo ID (such as a driver's license) is acceptable to establish identity and nationality.
Enhanced Driver's Licenses
An enhanced driver's license or EDL (currently issued by MichiganMichigan
Michigan is a U.S. state located in the Great Lakes Region of the United States of America. The name Michigan is the French form of the Ojibwa word mishigamaa, meaning "large water" or "large lake"....
, New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
, Vermont
Vermont
Vermont is a state in the New England region of the northeastern United States of America. The state ranks 43rd in land area, , and 45th in total area. Its population according to the 2010 census, 630,337, is the second smallest in the country, larger only than Wyoming. It is the only New England...
and Washington) is specifically designed to meet the requirements of the Western Hemisphere Travel Initiative
Western Hemisphere Travel Initiative
The Western Hemisphere Travel Initiative is a law of the United States that requires all travelers to show a valid passport or other approved secure document when traveling to the U.S. from areas within the Western Hemisphere. The purpose, according to the U.S. Department of State and U.S...
to re-enter the United States via a land or water border. Neither the Canadian Border Services Agency, nor Citizenship and Immigration Canada
Citizenship and Immigration Canada
Citizenship and Immigration Canada is the department of the government of Canada with responsibility for issues dealing with immigration and citizenship...
have an official policy as to whether an EDL issued to a US citizen establishes proof of nationality and identity in the same way that a passport does. However, as EDLs are also issued to Canadian citizens in several provinces and are routinely accepted at the border, nonetheless it appears that the CBSA does accept an EDL at the border for US visitors.
NEXUS/FAST
NEXUS is a joint US/Canadian program for pre-approved, low risk travelers and requires an extensive background check and face to face interview with border officials of both nations. FASTFree and Secure Trade
The Free and Secure Trade program is a joint United States-Canadian program between the Canada Border Services Agency and the United States Customs and Border Protection. The FAST initiative offers pre-authorized importers, carriers and drivers expedited clearance for eligible goods, building on...
is the equivalent for international truck drivers. Membership in either program can expedite border clearance through the use of dedicated lanes, however a NEXUS or FAST card does not establish nationality. Participants must carry either a recognized travel document (such as a passport, passport card, or enhanced driver's license) or another proof of citizenship such as a birth certificate with them at all times.
United States Permanent Residents
United States permanent residents must show their Permanent Resident Card (green card).Minors 18 and under
Children under 16 need only present proof of U.S. citizenship. Nevertheless, it is recommended that identification for children be carried anyway. Any person under 18 traveling alone requires a letter from a parent or guardian granting permission to travel to Canada. The letter must state the traveler's name and the duration of the trip.A divorced parent who has or shares custody of a child should carry a copy of the custody document. An adult accompanying a child and who is not the child's parent or legal guardian should have written permission from the parents or guardians to supervise the child. When traveling in a group of vehicles, parents or guardians should be in the same vehicle as their children when arriving at the border. CBSA personnel are looking for missing children and may question adults about children traveling with them.
Documentation for vehicles
Persons driving into Canada must have their vehicle's registrationVehicle registration
Vehicle registration is the compulsory registration of a vehicle with a government authority. Vehicle registration's purpose is to establish clear ownership and to tax motorists or vehicle owners....
document and proof of insurance
Proof of insurance
Proof of insurance is any type of documentation that a person can provide to another individual proving that the person has valid insurance with an insurance company....
.
Visas and Admissibility
A visa is not required for U.S. citizens to visit Canada for up to 180 days. Anyone seeking to enter Canada for any purpose besides a visit (e.g. to work, study or immigrate) must qualify for the appropriate entry status and can see the Canadian immigration website. The Canadian embassy or nearest consulate can be contacted for additional information.Inadmissibility
Some persons are inadmissible—they are not allowed to enter Canada., if a person is denied entry and advised to re-enter the U.S., they are issued form IMM 5292. This form indicates that the person is allowed to withdraw their application to enter Canada, and is allowed to leave Canada. Persons who have been denied entry and provided this form are advised by the CBSA to show this form to the U.S. Customs and Border Protection
U.S. Customs and Border Protection
U.S. Customs and Border Protection is a federal law enforcement agency of the United States Department of Homeland Security charged with regulating and facilitating international trade, collecting import duties, and enforcing U.S. regulations, including trade, customs and immigration. CBP is the...
(CBP). There appears to be no legal precedent, however, for the traveler to voluntarily submit this form to the CBP, and doing so may cause the CBP to consider the traveler suspicious, and as a result they may subject the traveler to exhaustive questioning and search.
Grounds for inadmissibility
Individuals may be refused entry to or removed from Canada on the following grounds:- Security reasons, including espionage, subversion, violence or terrorism, or membership in an organization involved in such activities.
- Human or international rights violations.
- Criminality.
- Organized crime, including membership in an organization that takes part in organized criminal activity.
- Health reasons, if their condition is likely to endanger public health or public safety, or might reasonably be expected to cause excessive demands on health or social services.
- Financial reasons, if they are unable or unwilling to support themselves and their family members.
- Misrepresentation, which includes providing false information or withholding information directly related to decisions made under Canada's Immigration and Refugee Protection ActImmigration and Refugee Protection ActImmigration and Refugee Protection Act is an Act of the Parliament of Canada, passed in 2001 as Bill C-11, which replaced the Immigration Act of 1976 as the primary federal legislation regulating Immigration to Canada....
(IRPA). - Failure to comply with any provision of IRPA. For instance, an attempt by persons who, having previously been deported from Canada, seek to enter Canada without written authorization.
- Having an inadmissible family member.
Avoiding inadmissibility
Persons can be denied entry into Canada on the basis of suspicion alone. In particular, the CBSA may deny entry to persons they doubt will be able to support themselves and their dependents, or whose willingness and means to return back to the U.S. is in doubt. Certain documents, such as the following, can serve to reduce these doubts:- Evidence of financial support, such as bank statementBank statementAn account statement or a bank statement is a summary of all financial transactions occurring over a given period of time on a deposit account, a credit card, or any other type of account offered by a financial institution....
s and transaction booksPassbookA passbook or bankbook is a paper book used to record bank transactions on a deposit account. Depending on the country or the financial institution, it can be of the dimensions of a chequebook or a passport....
. - Income tax records, both recent and past.
- Evidence of employment, such as recent pay stubs, employment ID, and current letter from employer.
- Proof of residence, such as recent rent receipts, and copies of mortgage, deed, and utility bills.
- Confirmed means of departure from Canada, such as an airline, bus or train ticket with date and time of departure indicated.
- Information about destination in Canada, including destination address, destination telephone number, and name of the person being visited.
Criminal inadmissibility
A single criminal conviction, no matter how minor or how long ago, is grounds for exclusion from Canada. With the exception of civil traffic violations such as speeding, and some municipal ordinanceLocal ordinance
A local ordinance is a law usually found in a municipal code.-United States:In the United States, these laws are enforced locally in addition to state law and federal law.-Japan:...
infractions (which are typically not handled through the legal system) such as parking violations or littering, persons with a conviction must either have received a pardon
Pardon
Clemency means the forgiveness of a crime or the cancellation of the penalty associated with it. It is a general concept that encompasses several related procedures: pardoning, commutation, remission and reprieves...
, applied for and been accepted for rehabilitation, met the requirement to be considered deemed rehabilitated, or if ineligible for rehabilitation or deemed rehabilitated status, apply for and receive a temporary resident permit (a special type of visa) to enter Canada.
Rehabilitation
To be a candidate for rehabilitation, at least five years (or more depending on the severity of the offense) since the conclusion of any sentence imposed (imprisonment, probation, fine paid, suspension of driver's license, etc...) must have elapsed. Due to differences between legal systems, an overturned conviction or dismissed charges does not automatically overcome inadmissibility, unless the offense itself occurred in Canada. However, applicants in either of these situations can use an abbreviated process and the five year waiting period generally does not apply. In simple cases, such as a single misdemeanor conviction, the application can typically be reviewed and approved by a Canadian Embassy, High Counsel, or CIC office. For more complicated histories or in the case of a felony conviction, the application will need to be forwarded to Ottawa
Ottawa
Ottawa is the capital of Canada, the second largest city in the Province of Ontario, and the fourth largest city in the country. The city is located on the south bank of the Ottawa River in the eastern portion of Southern Ontario...
for approval. Processing time in either case can take several months to a year or more, so it is advisable to begin the process of applying for rehabilitation well in advance of any planned travel to Canada. Factors considered when determining whether to approve an application for rehabilitation or not include the nature of the offense, the time elapsed and one's behavior since the offense was committed or since the sentence. Applicants are required to obtain clearances from law enforcement in the communities in which they have lived, and are strongly urged to submit documentation showing stability and reform such as records of employment and any education or treatment programs completed, as well as character references.
A person with a past conviction can also be "deemed rehabilitated" by an immigration officer at the port of entry. Ten years must have elapsed since the conclusion of any sentence imposed and other criteria must be satisfied. Persons attempting to enter under the deemed rehabilitated system should also bring law enforcement clearances, documents showing a stable and reformed life, and character references, as the decision as to whether to admit someone as deemed rehabilitated is completely at the discretion of the border official and there is no recourse or right of appeal should deemed rehabilitated status be denied. It should be noted that anyone with a felony conviction (unless a pardon was granted) cannot be deemed rehabilitated and must instead apply for rehabilitation or a temporary resident permit.
Temporary resident permits
Temporary resident permits are a one-time authorization for someone who is otherwise criminally inadmissible to enter Canada. Permits are rarely granted, typically only in extenuating circumstances (such as a documented family emergency), on significant humanitarian grounds, or for reasons of Canadian national interest. TRP's are usually issued with significant restrictions and can be revoked at any time with or without cause.
Inadmissible family member
If an individual is deemed inadmissible, members of his or her family may also be deemed inadmissible solely based on that fact.
Offenses committed as a minor
In theory, a person is not inadmissible if they were convicted of a crime before the age of 18 and were tried as a young offender or through the juvenile justice system. If the person in question could have been tried as an adult (which is frequently the case in the US, where minors as young as 8 can be tried as an adult), regardless of whether they actually were or not, they are inadmissible.
Importation of firearms
Firearms are much more strictly controlled in Canada than in the U.S. Visitors bringing any firearms into Canada, or planning to borrow and use firearms while in Canada, are required to declare the firearms in writing using a Non-Resident Firearm Declaration form. Multiple firearms can be declared at the same time. Upon acceptance, this declaration serves as a temporary license and registration certificate for up to 60 days. The Non-Resident Firearm Declaration has a cost of $25 (Canadian). Visitors planning to borrow a firearm in Canada are required to obtain in advance a Temporary Firearms Borrowing License, the cost of which is $30 (Canadian), payable at the border. These forms are required to be signed before a CBSA officer at the border. Note that the forms are not available at the border itself. Details and downloadable forms are provided by the Canadian Firearms Program.Canada has three classes of firearms: non-restricted, restricted, and prohibited. Non-restricted firearms include most ordinary hunting rifles and shotguns. These can be brought temporarily into Canada for sporting or hunting use during hunting season, use in competitions, in-transit movement through Canada, or personal protection against wildlife in remote areas of Canada. Any person wishing to bring a hunting rifle into Canada is required to be at least 18 years old, and the firearm must be properly stored for transport. Restricted firearms are primarily handguns. A restricted firearm may be brought into Canada, but an Authorization to Transport
Authorization to Transport
An Authorization to Transport is a permit issued by the Canadian Firearms Program allowing holders of Restricted and Prohibited class firearms to transport them in Canada...
permit must be obtained in advance from a Chief Firearms Officer
Chief Firearms Officer
The Chief Firearms Officer or CFO is a Canadian official responsible for Possession and Acquisition Licences, authorizations to transport, authorizations to carry, transfers of firearms, and gun show sponsorship approvals. Each province has a CFO....
. Prohibited firearms include fully automatic, converted automatics and assault-type weapons. Prohibited firearms are not allowed into Canada. A comprehensive guide on importation of firearms and weapons is published by the CBSA.
It is recommended that the Canadian embassy or a consulate, or the Canadian Firearms Program be contacted for detailed information and instructions on temporarily importing firearms in advance of any travel. In all cases, travelers are required to declare to Canadian authorities any firearms and weapons in their possession when entering Canada. If a traveler is denied permission to bring in the firearm, there may be facilities near border crossings where firearms may be stored, pending the traveler's return to the U.S. Canadian law requires that officials confiscate firearms and weapons from those crossing the border that deny having them in their possession. Confiscated firearms and weapons are never returned. Possession of an undeclared firearm can result in a five-year prison sentence.
Items requiring declaration
Food, plants, animals and related products are required to be declared when entering Canada using a declaration form. Once declared, a CBSA officer will ask questions about these items, such as their country of origin or intended use. The items may be inspected. Non-allowable items are either seized, disposed of, or ordered removed from Canada.A failure to declare can lead to confiscation of products, fines of up to $400 (Canadian) per undeclared item, as well as prosecution. Persons wishing to dispose product needing declaration can do so in product disposal bins.
Prohibited items
Electronic media of travelers entering Canada can be randomly checked. Computers are subject to search without a warrant at the border, and illegal content can result in the seizure of the computer as well as detention, arrest and prosecution of the bearer.Certain weapons that may be legal to possess in the U.S. are prohibited weapons in Canada, most notably pepper spray
Pepper spray
Pepper spray, also known as OC spray , OC gas, and capsicum spray, is a lachrymatory agent that is used in riot control, crowd control and personal self-defense, including defense against dogs and bears...
, mace
Mace (spray)
Chemical Mace is a tear gas in the form of an aerosol spray which propels a lachrymatory agent mixed with a volatile solvent. It is sometimes used as a self-defense device...
and Taser
Taser
A Taser is an electroshock weapon that uses electrical current to disrupt voluntary control of muscles. Its manufacturer, Taser International, calls the effects "neuromuscular incapacitation" and the devices' mechanism "Electro-Muscular Disruption technology"...
s. Under the Criminal Code of Canada
Criminal Code of Canada
The Criminal Code or Code criminel is a law that codifies most criminal offences and procedures in Canada. Its official long title is "An Act respecting the criminal law"...
, a person can face a maximum of five years in prison for unauthorized possession and five years for unauthorized importation of an illegal weapon. If, however, the Crown can prove that the person, despite knowing that its importation or possession is illegal, imports or possess a prohibited weapon, the maximum penalty increases to ten years imprisonment.
Canadian law prohibits the unlawful importation or trafficking of controlled substances and narcotics. A number of travelers, including Americans, have been arrested for attempting to smuggle khat
Khat
Khat, qat, gat or Waquish Spoken from true Yemeni, is a flowering plant native to tropical East Africa and the Arabian Peninsula....
, an herbal stimulant from East Africa, into Canada. Smugglers risk substantial fines, a permanent bar from Canada, and imprisonment.
It is recommended that prescription medicines be in their original prescription container. Suspicious looking or unidentifiable pills found during a search can be tested for narcotics, delaying entry into Canada until the tests are completed.
Handling disagreements
A person or organization may disagree with the CBSA about an assessment or decision made by the CBSA. If at the border, the Border Services Officer (BSO) or superintendent can be consulted. To address disagreements afterwards, a CBSA office can be contacted.Appeals
Persons who believe that they have not received their full entitlements under Canadian law, and have been unable to reach an agreement with the CBSA on a duty or penalty matter, have the right to a formal review of their file. A formal review is conducted by appeals representatives who were not involved in the original decision, and is impartial. Appeals staff are trained to review the client's and the CBSA's facts and reasons.The role of the appeals representative who reviews a case is to carry out a complete, professional, and impartial review. This representative reviews the case by interpreting acts administered by the CBSA and reviewing CBSA policies, considering the appellant's point of view; and when necessary, asking for a technical opinion from CBSA experts or seeking legal advice from the Canadian Department of Justice
Department of Justice (Canada)
The purpose of the Department of Justice is to ensure that the Canadian justice system is fair, accessible and efficient. The Department also represents the Canadian government in legal matters...
.
The representative who reviews the case will not have been involved in the original assessment, determination, or ruling of a duty, penalty or other matter. The appellant can discuss the case with an appeals representative, and has have the right to obtain certain documents related to the case.
The CBSA does not charge for a review. If a person is not satisfied with the review, a further appeal can be made to the appropriate court or, to the Canadian International Trade Tribunal
Canadian International Trade Tribunal
The Canadian International Trade Tribunal is an independent quasi-judicial body operating in Canada's trade remedy system. The administrative tribunal, which considers cases of dumping and subsidizing, reports to Parliament through the Minister of Finance. The organization hears appeals, conducts...
for relevant matters.
Business visits
A business visitor is someone who comes to Canada to engage in international business activities without directly entering the Canadian labor market. Such visitors may be in Canada for business meetings or site visits (to observe only), but not to work. Business visitors are required to prove that their main source of income and their main place of business are outside Canada.A visa is not required for a business visitor who is an American citizen. All business visitors are required to have a passport valid until the end of their stay, a letter of support from their parent company, a letter of invitation from the Canadian host business, a copy of any contracts or bills to support the visit, 24-hour contact details of the business host in Canada, and proof of enough money for both the stay in Canada and the return home. Business visitors do not need a temporary work permit unless they plan on doing executive, managerial, technical or production work.
Documentation
In the past, American citizens were permitted entry into the U.S. by oral declaration of citizenship. Beginning January 31, 2008, U.S. citizens aged 19 and older returning to the U.S. from Canada by land or water have had to present documents denoting citizenship and identity. Acceptable documentation includes a valid passport or government-issued photo identification such as a driver's license and proof of citizenship such as a birth certificate. U.S. citizens aged 18 and under need only to present a birth certificate. A list of acceptable documents is available at the website of the U.S. embassy in Canada.Persons who do not present acceptable documents may be delayed as U.S. Customs and Border Protection
U.S. Customs and Border Protection
U.S. Customs and Border Protection is a federal law enforcement agency of the United States Department of Homeland Security charged with regulating and facilitating international trade, collecting import duties, and enforcing U.S. regulations, including trade, customs and immigration. CBP is the...
officers at the port of entry attempt to verify identity and citizenship. Beginning in June 2009, all U.S. citizens will have to present a passport or other secure document that denotes identity and citizenship when entering the U.S. from Canada.
Having a passport card
Passport card
The passport card is an alternative to a passport produced in the United States to meet the documentary requirements of the Western Hemisphere Travel Initiative. The U.S. Passport Card is a wallet-size travel document, issued to U.S...
facilitates entry and expedites document processing. It carries the rights and privileges of the U.S. passport book for land and water crossings, but may not be used for air crossing.
Searches
The U.S. Customs and Border Protection has the authority from the U.S. CongressUnited States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
to conduct searches of persons and their baggage, cargo, and means of transportation entering the United States. Persons unhappy with their treatment can ask to speak to a supervisor immediately, or can make a complaint online.
Policies
Certain items such as monetary instruments over U.S. $10,000, hunting trophiesTrophy hunting
Trophy hunting is the selective hunting of wild game animals. Although parts of the slain animal may be kept as a hunting trophy or memorial , the carcass itself is sometimes used as food....
, and firearms require a declaration. Prescription medicines are required to be in their original prescription container. Prohibited items include absinthe
Absinthe
Absinthe is historically described as a distilled, highly alcoholic beverage. It is an anise-flavoured spirit derived from herbs, including the flowers and leaves of the herb Artemisia absinthium, commonly referred to as "grande wormwood", together with green anise and sweet fennel...
, biological materials, Cuban cigars and products of Cuba, endangered species and products thereof; explosives, including fireworks; some fruits, vegetables, and meats; narcotics and paraphernalia, pornographic materials, seditious or treasonable matter, and switchblade knives (except by one-armed persons). Pets must be accompanied with a valid rabies vaccination certificate.
Expedited entry
Wait times for vehicles at popular border crossings can sometimes be excessive on either side of the border. It is recommended that the estimated wait time be checked in advance of travel. These are provided by both the CBSA and the CBP.Both the U.S. and Canadian governments urge frequent travelers to join the NEXUS
NEXUS (frequent traveller program)
NEXUS is a joint Canada-United States program designed to let pre-approved, low-risk travelers cross the US-Canada border quickly. Members of the program can avoid long waits at border entry points by using self-serve kiosks at airports, reserved lanes at land crossings, or by phoning border...
trusted traveler program. NEXUS members receive a card that allows expedited border crossings for both private and commercial travelers through both U.S. and Canadian border controls quickly.
See also
- Canada–United States border
- List of Canada – United States border crossings
- Canada-United States relationsCanada-United States relationsRelations between Canada and the United States have spanned more than two centuries. This includes a shared British colonial heritage, warfare during the 1770s and 1812, and the eventual development of one of the most successful international relationships in the modern world...
External links
- Border wait times for Canada bound persons from U.S. by the Canada Border Services AgencyCanada Border Services AgencyThe Canada Border Services Agency is a federal law enforcement agency that is responsible for border enforcement, immigration enforcement and customs services....
- Border wait times for U.S. bound persons from Canada by the U.S. Customs and Border ProtectionU.S. Customs and Border ProtectionU.S. Customs and Border Protection is a federal law enforcement agency of the United States Department of Homeland Security charged with regulating and facilitating international trade, collecting import duties, and enforcing U.S. regulations, including trade, customs and immigration. CBP is the...