Examining personal digital devices at the Canadian border (2024)

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 Customs Act, 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. CBSA officers may also examine a traveller's personal digital device under the Immigration and Refugee Protection Act.

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 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 border 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

If an officer comes across content marked as solicitor-client privilege during their examination, the officer must stop 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 a contravention is found, the officer will return your personal digital device to you, along with the paper with your password

If a contravention or evidence of one is found, the officer may seize your device. For example, if the device contains evidence of importation of prohibited or restricted goods or other regulatory contravention, 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 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 a contravention. 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 whether you may be authorized to enter Canada and to assess the admissibility of any goods or vehicles you bring across the border.

Our officers perform regular examinations to ensure compliance with Canadian border 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 whether to authorize your entry 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 November 2017. From November 20, 2017 to December 31, 2023, only 0.009% of all travellers who were processed at the border had their personal digital devices examined.

Of these examinations, 37.7% 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 March 2020 the number of personal digital device examinations decreased, corresponding to the reduced traveller volumes due to COVID-19 border measures. Nearing the end of 2021, 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 November 2017 to December 31, 2023:

• travellers processed at the border: 398,059,440
• travellers who had a personal digital device examined: 35,710
• examinations that were resultant: 13,462

Monthly reports

Note Travelling or returning to Canada? Cross the border smoothly whether arriving by air, land or boat.