CBSA Interview at the Border
What happens during a secondary examination, your rights at the border, and how to respond.
Last verified: 2026-04-03
Context and Setup
You are arriving at a Canadian port of entry (airport, land border, or seaport). The Canada Border Services Agency (CBSA) officer at primary inspection checks your documents and asks routine questions. Based on your answers or the officer's assessment, you are referred to secondary examination.
Secondary examination is a more detailed interview conducted in a separate area. The purpose is to verify your admissibility to Canada and the purpose of your visit. This scenario walks through what to expect and how to respond.
The Conversation
CBSA Officer
Good morning. I have referred you to secondary examination for further questions. Can you come with me?
At this point, you have been selected for a secondary examination. This is routine and does not mean you are suspected of wrongdoing. Your cooperation is expected.
You
Yes, of course. What is this about?
It is acceptable to ask why you have been referred. CBSA does not need to provide a detailed reason, but officers are obligated to act in good faith.
CBSA Officer
I just need to verify some information about your visit. Have you been to Canada before?
You
Yes, I visited in 2022 for a conference. I had a visitor visa at that time. This time, I am here to work for [Company] under a work permit, which I received on [date].
Answer questions directly and provide supporting documents (passport, work permit, job letter) when asked. Inconsistencies between your narrative and your documents can raise concerns.
CBSA Officer
What is the nature of your employment?
You
I am a [position] in [sector]. My employer is [Company name]. My work permit is valid until [expiration date]. I have a job offer letter and my employment contract with me.
Provide clear, factual information about your employment. Inconsistencies (e.g., your work permit says Software Engineer but you claim to be a Manager) can trigger further investigation.
CBSA Officer
Do you have any family in Canada? Any criminal history? Any health conditions we should know about?
These are standard admissibility questions. Answer honestly. Lying to a border officer is a serious matter under the Immigration and Refugee Protection Act (IRPA s.127, s.129). Criminal history or misrepresentation can result in inadmissibility.
You
I have a cousin who lives in Toronto, but I am not staying with them. No criminal history. No significant health issues.
Even if your answer is 'no,' answer clearly. Do not volunteer information not asked. If you do have a record, consult an immigration lawyer before entering Canada.
CBSA Officer
I see that your work permit is tied to one employer. If you leave that employer, your work permit may become invalid. Do you understand?
You
Yes, I understand. If I stop working for [Company], my permit is no longer valid.
This clarification is important. Employer-specific work permits (the standard type) are tied to a single employer. Changing jobs without authorization can render you out of status. Some workers may be eligible for open work permits if their employer becomes abusive or insolvency occurs.
Your Rights at the Border
Right to Remain Silent
Canadian law does not grant an automatic right to remain silent during border questioning. Under the Canadian Charter of Rights and Freedoms (s.10(b)), you have the right to consult a lawyer "without delay," but this right applies once you are detained or arrested, not at a routine border inspection.
Obligation to Answer
Under IRPA s.16, CBSA officers have broad authority to examine persons attempting to enter Canada. Individuals are expected to answer questions truthfully. Failure to answer or providing false information can be grounds for denial of entry or criminal charges.
Right to Interpretation
If English or French is not your language, you may request an interpreter. CBSA officers should provide one at no cost or delay proceedings to allow you to arrange one.
Right to Legal Counsel (Upon Detention)
If you are detained (not simply referred to secondary examination), the Charter guarantees you the right to consult a lawyer without delay. You may request to contact a duty counsel or a private lawyer.
What to Document After
- CBSA officer's name and badge number (recorded on the examination form).
- Time you arrived at the border and time secondary examination began and ended.
- Exact questions asked and your answers.
- Whether you were detained or allowed to proceed.
- Any documents reviewed by the officer (passport, work permit, job letter, etc.).
- Officer's comments or concerns raised during the interview.
- Date and time you were admitted or denied entry.
- Any documents or stamps received in your passport.
Escalation Options
If Denied Entry (Inadmissibility Finding)
If the officer concludes you are inadmissible (e.g., for misrepresentation, security grounds, or criminal history), the officer may issue a Report of Inadmissibility. Individuals may be entitled to a right of appeal to the Immigration Appeal Division (IAD) under IRPA s.63, but only if you are a PR, a citizen, or have a dependent child who is a citizen.
Timeline: You have 30 days from the date of the decision to file an appeal to the IAD.
If Detained
Under IRPA s.55-60, CBSA can detain persons for examination or to verify identity. Detainees have the right to be brought before a justice or immigration officer within a specified timeframe (typically 24 hours). A lawyer or duty counsel should be contacted immediately.
Timeline: Request contact with a lawyer immediately. Duty counsel services are available 24/7.
If You Believe Your Rights Were Violated
Individuals may lodge a complaint with the CBSA Office of Recourse Complaints or pursue a judicial review of the CBSA's decision through Federal Court under IRPA s.72. This is a complex remedy and requires legal assistance.
Timeline: Complaints may be filed within 2 years of the incident. Judicial review applications must typically be filed within 30 days.
Key Statutes and References
When Should You Consult an Immigration Professional?
This platform is designed to help individuals understand their immigration rights, gather documentation, and navigate processes independently. Many routine applications and renewals can be handled without professional assistance.
The most effective time to engage an immigration lawyer or licensed RCIC is when facing a refusal, removal order, or complex application. A professional can review your complete file and provide strategic advice before you file an appeal or respond to enforcement action.
By gathering documentation and understanding the relevant statutes first, consultations become focused strategic reviews rather than costly fact-gathering sessions.
Read our full guide: Working with an Immigration Professional →
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Cite This Page
MyImmigrantRights.ca. "CBSA Interview at the Border." Accessed April 3, 2026. https://myimmigrantrights.ca/scenarios/cbsa-border-interview
Written by the MyImmigrantRights.ca team, based on comprehensive research of Canadian immigration law, IRPA, the Citizenship Act, and IRCC policy guidance.