Regulations Amending the Immigration and Refugee Protection Regulations (Electronic Travel Authorization): SOR/2024-34

Canada Gazette, Part II, Volume 158, Number 6

Registration
SOR/2024-34 February 26, 2024

IMMIGRATION AND REFUGEE PROTECTION ACT

P.C. 2024-161 February 26, 2024

Her Excellency the Governor General in Council, on the recommendation of the Minister of Citizenship and Immigration, makes the annexed Regulations Amending the Immigration and Refugee Protection Regulations (Electronic Travel Authorization) under subsection 5(1) and sections 14footnote a and 26footnote b of the Immigration and Refugee Protection Act footnote c.

Regulations Amending the Immigration and Refugee Protection Regulations (Electronic Travel Authorization)

Amendments

1 The table to subsection 7.01(1) of the Immigration and Refugee Protection Regulations footnote 1 is amended by adding the following in alphabetical order:

2 Section 12.05 of the Regulations is amended by adding the following after subsection (1.1):

Exception — Mexico

(1.2) Paragraph (1)(d) does not apply to an electronic travel authorization issued to a foreign national who is a citizen of Mexico if, on the same day referred to in that paragraph, the foreign national holds a work permit or study permit.

3 Schedule 1.1 to the Regulations is amended by deleting the following:

Coming into Force

4 These Regulations come into force at 11:30:00 p.m. Eastern Standard Time on February 29, 2024.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

Mexican nationals are exempt from a temporary resident visa (TRV) and eligible to apply for an electronic travel authorization (eTA) to travel to Canada by air. Extensive efforts by Canada and Mexico have been unable to address the significant and sustained rise in unfounded asylum claims. Therefore, Mexico’s visa status is being adjusted to better manage migration, while preserving mobility.

Background

Under the Immigration and Refugee Protection Act, all visitors to Canada require a TRV before entering, with the exception of citizens of countries and territories who are exempted under the Immigration and Refugee Protection Regulations (the Regulations). A visa requirement is an effective tool in managing migration, since TRV applicants must provide documentation demonstrating identity, purpose of travel, as well as proof that they will abide by the conditions of temporary residence in Canada. Visa-exempt foreign nationals must obtain an eTA when travelling to Canada by air unless otherwise exempted under the Regulations.

Nationals of Mexico were visa-exempt until 2009, when a TRV requirement was imposed to address significant asylum pressures. Canada reintroduced a full visa exemption for Mexican nationals in 2016. Since that time, all Mexican nationals are required to apply online for an eTA before flying to Canada. An eTA application seeks less information from an applicant and is less costly than a TRV application. Commensurate with the lower level of risk these clients are assumed to pose, biometrics are not collected, nor are passports systematically inspected by an officer during eTA processing.

While the decision to remove the TRV requirement in 2016 has resulted in increased mobility for hundreds of thousands of genuine Mexican visitors, and significant benefits to Canada, it has also generated unsustainable migration challenges. Record levels of asylum intake have been received from Mexican nationals, reaching over 24 000 claims in 2023 (or 18% of total asylum intake in Canada). Most Mexican claims are made at airports on arrival, an indication that claiming asylum, not visiting, was the true purpose of travel. The majority of Mexican claims are abandoned, withdrawn, or rejected by the Immigration and Refugee Board of Canada (IRB).

Canada and Mexico have worked together to try to address the migration challenges; however, these efforts have not yielded results that support the ongoing sustainability of the visa exemption.

Objective

The objective of these regulatory amendments is to effectively facilitate the legitimate travel of Mexican nationals to and through Canada, while maintaining the integrity of Canada’s immigration and asylum systems.

Description

The regulatory amendments remove Mexico from the schedule of countries and territories whose nationals are exempt from the TRV requirement for travel to Canada under the Regulations.

The amendments also add Mexico to the list of countries and territories whose nationals may be eligible to travel to Canada on an eTA if they are travelling by air and have held a Canadian TRV in the last 10 years or hold a valid U.S. non-immigrant visa.

The eTA cancellation provisions are also amended to specify that the eTAs held by Mexican nationals remain valid provided that at the time the regulatory amendments come into force they also hold a valid work or study permit. This protects the ability of existing Mexican students and workers to leave and return to Canada.

Regulatory development

Consultation

Public Safety Canada and its portfolio agencies, including the Canada Border Services Agency (CBSA), the Royal Canadian Mounted Police (RCMP), and the Canadian Security Intelligence Service (CSIS), Innovation, Science and Economic Development Canada, Transport Canada, Global Affairs Canada, Employment and Social Development Canada, and the Privy Council Office were consulted.

Modern treaty obligations and Indigenous engagement and consultation

No modern treaty implications are anticipated.

Instrument choice

TRV and eTA requirements are prescribed in regulations, so regulatory changes are necessary and are the only option.

Regulatory analysis

An important first step in developing a cost-benefit methodology is establishing a baseline scenario against which options may be measured. For this analysis, the baseline scenario is one where all travellers from Mexico would be exempted from obtaining a visa to visit Canada. The baseline scenario is then compared with the regulatory scenario, in which Mexican visitors will be required to obtain a visa unless they are travelling by air and have held a Canadian TRV in the last 10 years or hold a valid non-immigrant visa issued by the United States.

The costs and benefits of the regulatory amendments are monetized for 10 periods of 12 months (2024 to 2033) and are expressed in 2023 dollars. For further details regarding the methodology, a detailed cost-benefit analysis report is available upon request at the following email address: IRCC.ADMISSVePRegulations-ReglementsPVAADMISS.IRCC@cic.gc.ca.

The regulatory amendments are estimated to cost $1.0 billion in present value (PV) over the 10 periods. These costs consist of Government of Canada implementation activities and information technology (IT) updates. Reduced tourism spending by Mexican visitors no longer arriving in Canada also poses a potential cost impact on Canadian businesses. The total benefits are estimated at $6.6 billion PV over the 10 periods and consist of reduced asylum claims cost savings, as well as a reduction of primary inspection line activities at Canadian ports of entry and inland enforcement savings. The total net benefit of the regulatory amendments is estimated at $5.6 billion PV.

It should be noted that Immigration, Refugees and Citizenship Canada (IRCC) will incur costs to process TRV applications from Mexican nationals who wish to obtain a visa to enter Canada. However, these costs will be cost recovered through the fee that applicants must pay to submit an application. Therefore, increased processing costs and visa fee revenue are considered cost-neutral and are not estimated for the purpose of the cost-benefit analysis.

Costs

Cost to the Government of Canada

Transitional costs to the Government of Canada consist of publication of operational bulletins, information technology changes to allow for travel for Mexican nationals using TRVs and eTAs, outreach to air carriers, updating of web pages and forms, and communication efforts to inform of the change in visa requirements. Ongoing costs to the Government of Canada consist of resources necessary to support the additional processing efforts required due to the expected increase in TRV application volume. These support activities include security and accommodation administration, human resources, and IT support. The total costs to the Government of Canada to implement the regulatory amendments are estimated at $5.7 million in PV over 10 years.

Reduced tourism spending

The removal of Mexico from the list of visa exempt countries will mean some Mexican travellers will have to obtain a visa before travelling to Canada. As a result, the volume of Mexican nationals entering Canada may be reduced by approximately one million visitors over 10 years. As many Mexican visitors will continue to be eligible to travel to Canada with an eTA following the regulatory amendments, it is expected that the overall reduction in travel will be less than when the visa was imposed in 2009. To calculate the reduction in tourism spending, it is estimated that a Mexican visitor spends $1,289 in Canada per trip. This value was derived by dividing total spending by Mexican visitors in 2022 by the total number of visitors from Mexico in that same year. The sources for this data are Statistics Canada’s Frontier Counts datafootnote 2 and Visitor Travel Survey.footnote 3 The regulatory amendments are expected to result in a reduction of $997 million in PV in tourism spending over 10 years.

Air industry impacts

Costs to the air industry are expected, as air travel demand from Mexico may be reduced. Operationally, air carriers’ infrastructure for processing visas and eTAs is already in place; thus no IT system costs are expected for the air industry, employee guidance activities to inform of the regulatory changes are expected. It is also anticipated that, for the time immediately following the regulatory amendments, air carriers may experience a higher volume of questions and concerns from customers whose travel plans will be disrupted. Impacted air carriers may also experience delays in check-ins and boarding in the short term, as the change in TRV and eTA requirements for Mexican travellers could necessitate additional document verification in certain instances.

Benefits

Government cost avoidance

The regulatory amendments would reduce the volume of asylum claims from Mexican nationals. A reduced number of claims would decrease costs for IRCC, CBSA, CSIS, and the IRB. This includes reduction in security screening, processing of claims, investigations, hearings, detentions, litigation, and removals of failed asylum claimants.

Federal, provincial, and territorial governments also provide assistance to asylum claimants in Canada. The regulatory amendments will result in cost avoidance to federal, provincial, and territorial governments by reducing their asylum claims costs as related to services provided, such as legal aid, education, health, housing, and social assistance.

There would also be a reduction in costs to CBSA for inland enforcement activities, as well as a reduction in activities at primary inspection lines due to the reduction in travel from Mexican nationals.

The total cost avoidance to federal, provincial, and territorial governments due to the expected reduction in inland enforcement and asylum claims is estimated at $6.6 billion in PV over 10 years.

Cost-benefit statement
Table 1: Monetized costs
Impacted stakeholder Description of cost Base period (period 1) Period 5 Final period (period 10) Total (present value) Annualized value
Government of Canada Implementation costs $2,317,756 $534,393 $498,647 $5,747,569 $818,324
Canadians Reduced tourism spending $117,274,256 $130,579,686 $148,808,935 $996,547,253 $141,885,910
All stakeholders Total costs $119,592,012 $131,114,078 $149,307,581 $1,002,294,822 $142,704,234
Table 2: Monetized benefits
Impacted stakeholder Description of benefit Base period (period 1) Period 5 Final period (period 10) Total (present value) Annualized value
Government of Canada Asylum and inland enforcement cost savings $547,343,610 $853,902,464 $1,365,465,561 $6,560,786,672 $934,108,424
All stakeholders Total benefits $547,343,610 $853,902,464 $1,365,465,561 $6,560,786,672 $934,108,424
Table 3: Summary of monetized costs and benefits
Impacts Base period (period 1) Period 5 Final period (period 10) Total (present value) Annualized value
Total costs $119,592,012 $131,114,078 $149,307,581 $1,002,294,822 $142,704,234
Total benefits $547,343,610 $853,902,464 $1,388,228,664 $6,560,786,672 $934,108,424
NET BENEFITS $427,751,598 $722,788,386 $1,238,921,083 $5,558,491,850 $791,404,190
Quantified (non-dollars) and qualitative impacts

Positive impacts

Negative impacts

Small business lens

Analysis under the small business lens determined that the initiative will not impose direct compliance or administrative costs on Canadian small businesses, as the eTA requirement itself applies to individual travellers and not businesses. Some small businesses might experience impacts associated with reduced tourism, depending on their location or focus, but these are not considered as compliance costs for the purposes of the small business lens.

One-for-one rule

The one-for-one rule does not apply, as there is no incremental change in administrative burden on businesses.

Regulatory cooperation and alignment

The amendments are not related to any work plan or commitment under a formal regulatory cooperation forum; however, they are partly based on, and will benefit from, cooperation with the United States since the continuing eTA eligibility of certain Mexican visitors relies on the information-sharing agreement established to confirm U.S. visitor visa validity.

Strategic environmental assessment

In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a preliminary scan concluded that a strategic environmental assessment is not required.

Gender-based analysis plus

No disproportionate gender-based analysis plus (GBA+) impacts have been identified for these amendments.

These regulatory amendments are expected to benefit genuine asylum claimants by helping reduce the number of future claims, which in turn may alleviate processing pressures and reduce wait times. However, these measures will introduce new barriers for non-eTA eligible Mexican nationals seeking to travel to Canada by imposing a costlier, more stringent, and more time-consuming visa application process that will disproportionately impact lower-income and rural applicants and make it harder for legitimate Mexican asylum seekers, who are evenly divided between men and women, from making a claim in Canada. It will also negatively impact Canada’s air and tourism industries, parts of which — like travel and accommodation services — predominantly employ women.

Implementation, compliance and enforcement, and service standards

Implementation

These regulatory amendments come into force on February 29, 2024, at 11:30 PM eastern standard time.

As of coming into force, Mexican nationals require a TRV to enter Canada as a visitor; all existing eTAs, with the exception of those held by study or work permit holders, are invalid. The eTAs of Mexican nationals who hold a valid work permit or a valid study permit will remain valid until expiration. Mexican nationals who have held a Canadian TRV in the last 10 years or hold a valid U.S. non-immigrant visa and are travelling by air are eligible to apply for a new eTA. TRV and eTA applications are available online.

IRCC is sending automated emails to over one million Mexican nationals who held an eTA advising them that their eTAs have been invalidated and providing directions on how to apply for a TRV or new eTA, if eligible.

To minimize client service impacts, IRCC has deployed temporary duty staff to Mexico to stand up temporary biometrics collection until such time, as sufficient visa application centres are in place to provide in-person support services and biometrics collection services for this population on an ongoing basis. In an effort to minimize the impact of the visa imposition on Mexican travellers with planned travel in the days immediately following the changes, additional resources are being directed to the processing of Mexican TRV applications, and Mexican eTA applications, which require review by an officer, in a temporary surge capacity.

IRCC is working closely with its partners to re-establish a significant visa processing capability in Mexico to ensure that Mexican foreign nationals are not comparatively disadvantaged in being able to access Canada’s visa services in relation to other visa-required countries.

The CBSA is supporting air carriers in passenger screening activities through the Air Carrier Support Centre, and with CBSA’s liaison officer network where fraud is suspected.

IRCC will continue to work closely with other departments and agencies, including Public Safety Canada, the CBSA, the RCMP and the Department of Justice, to monitor the impacts of the new regulatory measures.

Compliance and enforcement

Mexican nationals need to obtain the required TRV or eTA, as appropriate, to travel to Canada. Improperly documented travellers may be refused boarding by commercial transporters and refused entry by CBSA officers, in accordance with the requirements of the Immigration and Refugee Protection Act.

Service standards

IRCC is targeting processing Mexican TRV applications within 30 days, although an initial application surge may result in temporary delays. Current IRCC processing times are available by business line on the Government of Canada’s internet site (Check processing times — Canada.ca).

The service standard for eTA applications is to provide automated approvals within 5 minutes for most applicants, or to send correspondence with next steps within 72 hours if the applicant does not receive a decision within 5 minutes. The anticipated volume of new eTA applications made by nationals of Mexico immediately after the visa imposition may temporarily result in delays for eTA applicants from all countries.

Contact

Erin Cato
Senior Director
Admissibility Branch
Immigration, Refugees and Citizenship Canada
Email: IRCC.ADMISSVePRegulations-ReglementsPVAADMISS.IRCC@cic.gc.ca