Canada-U.S. Safe Third Country Agreement

The Safe Third Country Agreement between Canada and the United States (U.S.) is part of the U.S.–Canada Smart Border Action Plan.

Under the Agreement, refugee claimants are required to request refugee protection in the first safe country they arrive in, unless they qualify for an exception to the Agreement.

The Agreement helps both governments better manage access to the refugee system in each country for people crossing the Canada–U.S. land border. The two countries signed the Agreement on December 5, 2002, and it came into effect on December 29, 2004.

To date, the U.S. is the only country that is designated as a safe third country by Canada under the Immigration and Refugee Protection Act.

The Agreement does not apply to U.S. citizens or habitual residents of the U.S. who are not citizens of any country (“stateless persons”).

Where the Agreement is in effect

The Safe Third Country Agreement applies only to refugee claimants who are seeking entry to Canada from the U.S.:

  • at Canada-U.S. land border crossings
  • by train or
  • at airports, only if the person seeking refugee protection in Canada has been refused refugee status in the U.S. and is in transit through Canada after being deported from the U.S.
Exceptions to the Agreement

Notice: On July 23, 2009, one of the exceptions to the Safe Third Country Agreement changed. Find out more.

Exceptions to the Agreement consider the importance of family unity, the best interests of children and the public interest.

There are four types of exceptions:

  • Family member exceptions
  • Unaccompanied minors exception
  • Document holder exceptions
  • Public interest exceptions

Even if they qualify for one of these exceptions, refugee claimants must still meet all other eligibility criteria of Canada’s immigration legislation. For example, if a person seeking refugee protection has been found inadmissible in Canada on the grounds of security, for violating human or international rights, or for serious criminality, that person will not be eligible to make a refugee claim.

Family member exceptions

Refugee claimants may qualify under this category of exceptions if they have a family member who:

  • is a Canadian citizen
  • is a permanent resident of Canada
  • is a protected person under Canadian immigration legislation
  • has made a claim for refugee status in Canada that has been accepted by the Immigration and Refugee Board of Canada (IRB)
  • has had his or her removal order stayed on humanitarian and compassionate grounds
  • holds a valid Canadian work permit
  • holds a valid Canadian study permit, or
  • is over 18 years old and has a claim for refugee protection that has been referred to the IRB for determination. (This claim must not have been withdrawn by the family member, declared abandoned or rejected by the IRB or found ineligible for referral to the IRB.)
Unaccompanied minors exception

Refugee claimants may qualify under this category of exceptions if they are minors (under the age of 18) who:

  • are not accompanied by their mother, father or legal guardian
  • have neither a spouse nor a common-law partner, and
  • do not have a mother, a father or a legal guardian in Canada or the United States.
Document holder exceptions

Refugee claimants may qualify under this category of exceptions if they:

  • hold a valid Canadian visa (other than a transit visa)
  • hold a valid work permit
  • hold a valid study permit
  • hold a travel document (for permanent residents or refugees) or other valid admission document issued by Canada, or
  • are not required (exempt) to get a temporary resident visa to enter Canada but require a U.S.–issued visa to enter the U.S.
Public interest exceptions

Refugee claimants may qualify under this category of exceptions if:

  • they have been charged with or convicted of an offence that could subject them to the death penalty in the U.S. or in a third country. However, a refugee claimant is ineligible if he or she has been found inadmissible in Canada on the grounds of security, for violating human or international rights, or for serious criminality, if the Minister finds the person to be a danger to the public.
Making a refugee claim under the Safe Third Country Agreement

For detailed information on making a refugee claim for protection in Canada at the Canada–U.S. border, please refer to the Canada Border Services Agency (CBSA).

Definitions

Safe third country

A safe third country is a country where an individual, passing through that country, could have made a claim for refugee protection. In Canada, subsection 102(2) of the Immigration and Refugee Protection Act outlines the criteria for designating a country as a safe third country.

The following factors are to be considered in designating a country as a safe third country:

  • whether the country is a party to the Refugee Convention and to the Convention Against Torture
  • its policies and practices with respect to claims under the Refugee Convention and with respect to obligations under the Convention Against Torture
  • its human rights record, and
  • whether it is party to an agreement with the Government of Canada for the purpose of sharing responsibility with respect to claims for refugee protection.

Family member

The Safe Third Country Agreement recognizes a family member as the following:

  • spouse
  • legal guardian
  • child
  • father or mother
  • sister or brother
  • grandfather or grandmother
  • grandchild
  • uncle or aunt
  • nephew or niece
  • common-law partner
  • same-sex spouse

Toolkit for Border Services Officers

The Canada Border Services Agency (CBSA) offers a toolkit for Border Services Officers to help in applying the STCA when processing refugee claimants at the land border.

 
 
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