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If you wish to file an objection to a CBSA enforcement action, you must file a request for review within 90 days after the date of the enforcement action was taken. The CBSA will contact you to arrange the return of your personal digital device.

Once completed, we will return your device, provided we do not find evidence of an infraction. 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. 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. For example, if the device contains evidence of a crime, contraband or other prohibited or restricted goods, we may seize it. If an infraction or evidence of one is found, the officer may seize your device. 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 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 an officer comes across content marked as solicitor-client privilege during their examination, the officer must cease inspecting that document. The CBSA is committed to respecting privacy rights of travellers while ensuring the safety and security of the Canadian border. The officer will usually examine your device in your presence, unless there are operational considerations that make it inappropriate to do so. social media data not stored on the device.This ensures they can only examine information stored on the device. The officer will disable the network connectivity on your device, for example turn on airplane mode to disable its ability to send and receive information. Note Failure to grant access to your personal digital device may result in the detention of that device under section 101 of the Customs Act, or seizure of the device under subsection 140 (1) of the Immigration and Refugee Protection Act or under section 110 of the Customs Act.

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You are obligated to provide your password when asked. 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. What to expect if we examine your personal digital deviceĪ CBSA officer will start with some questions before examining your personal digital device.

failure to comply with Canadian laws and/or regulations.

admissibility and/or admissibility of your goods.

Reasons an officer might examine your personal digital device(s) include concerns regarding your: Our policy is to examine a device only if concerns exists that border laws may have been contravened. The CBSA has always had policies on examination of goods and even has a dedicated policy on the examination of personal digital devices.ĬBSA officers do not always examine personal digital devices.

any other device capable of storing digital data.

This means that, just like your luggage, our officers can examine your cell phones, tablets, laptops and any other digital device you are carrying.Ī personal digital device is defined as any device that is capable of storing digital data, such as:

Examining a personal digital device: What happens nextĬanada Border Services Agency ( CBSA) officers, under the Customs Act, have the authority to examine all goods that cross the border.

Solicitor-client privileged information.

What to expect if we examine your personal digital device.

Why we examine personal digital devices.

Examining personal digital devices at the Canadian border On this page