Canada Gazette, Part I, Volume 160, Number 33: Regulations Amending the Immigration and Refugee Protection Regulations

August 15, 2026

Statutory authority
Immigration and Refugee Protection Act

Sponsoring agency
Canada Border Services Agency

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

Section 248 of the Immigration and Refugee Protection Regulations (IRPR) outlines various factors that border service officers and members of the Immigration and Refugee Board of Canada (IRB) must consider before a decision is made on detention or release. Existing prescribed factors do not explicitly reference gender-based violence (GBV), or reflect the distinct vulnerabilities of victims, survivors or those at risk of GBV. As a result, individuals who have experienced GBV, including those fleeing abuse, exploitation or trafficking, may be detained without proper consideration of their circumstances. Although Canada Border Services Agency (CBSA) operational manuals and the Immigration and Refugee Board of Canada (IRB) guidelines were updated between 2021 and 2023 to incorporate trauma-informed and victim-centred approaches to detention or release decisions, these considerations are not embedded in the regulatory framework. This regulatory gap may contribute to inconsistencies in decision-making where the CBSA and the IRB follow their respective policies rather than considering the same factors, increase the risk of further traumatization, and may result in the disproportionate detention of marginalized populations, while undermining trust in the enforcement system.

Background

On September 4, 2019, the Government of Canada presented a new whole-of-government National Strategy to Combat Human Trafficking (National Strategy). The National Strategy is a horizontal initiative that seeks to address gaps and challenges through an enhanced and strategic response to human trafficking, leveraging international best practices. To build on the National Strategy, the Government is currently making efforts to develop a renewed National Strategy to Combat Human Trafficking.

The current National Strategy includes measures aligned with the internationally recognized pillars of empowerment, prevention, protection, prosecution and partnership. The CBSA has made commitments under the pillars of protection and prosecution. Under these pillars, the CBSA aims to address gaps in existing support systems, provide culturally informed services, and increase criminal justice capacity to identify and prosecute human trafficking cases. For example, in October 2024, the CBSA published its GBV Guiding Principles and Commitments that reinforce the CBSA’s obligation to apply GBV considerations throughout its policies, programs, and operational responsibilities under the Immigration and Refugee Protection Act (IRPA).

Foreign nationals and permanent residents who are victims of GBV may violate immigration laws as a result of coercion, threats or abuse. They may be criminalized for actions committed under duress, such as using false documents or possessing illicit substances. Fear of deportation, language barriers, financial and economic dependence, and misinformation often prevent victims from seeking help. This may contribute to victims and survivors being found inadmissible to Canada and subject to detention or removal proceedings. These risks are heightened at the border, where legal issues linked to victimization may not be adequately considered. As a result, individuals may face detention or removal from Canada without a full understanding of their circumstances. The enforcement provisions within IRPA are not intended to punish victims or survivors. They are designed to protect public safety, maintain the integrity of the immigration system, uphold human rights, and prevent access to Canada by those posing genuine threats.

Under the IRPA and the IRPR, the CBSA has the authority to detain foreign nationals and permanent residents. Immigration detention is used to

Section 248 of the IRPR outlines various factors that decision-makers must consider before a decision is made on detention or release. While this regulatory framework provides important guidance for detention decision-making, its application can have significant impacts on individuals, particularly those with heightened vulnerabilities. Detentions can be a triggering experience, particularly for survivors of GBV, who may suffer additional psychosocial impacts. Existing policy guidance (i.e. CBSA’s Enforcement Manual 20 (PDF) and IRB’s Chairperson Guideline 2) on the detention of victims and survivors of GBV does not create a legislative or regulatory obligation. As a result, the application is discretionary and risks the possibility of inconsistent utilization where both organizations follow their respective policies rather than considering the same factors.

Objective

The objective of the Regulations Amending the Immigration and Refugee Protection Regulations (Immigration Detention Considerations and Victims of Gender-Based Violence) [the proposed Amendments] is to ensure that CBSA officers and members of the IRB explicitly consider victims, survivors or individuals at risk of GBV when making detention and release decisions. This will ensure that consideration of GBV is applied consistently in detention or release decisions.

By adopting a victim-centred and trauma-informed approach to detention or release decisions, the proposed Amendments aim to foster trust and positive interactions, encouraging victims and survivors to safely disclose their experiences and strengthen the CBSA’s ability to prosecute suspected perpetrators of human trafficking and GBV.

Description

The proposed Amendments would require decision-makers to consider the appropriateness of detention for a person who is a victim, survivor or may be at risk of GBV.

Additionally, the proposed Amendments would outline a non-exhaustive list of criteria that decision-makers would need to consider in these situations.

Examples of the proposed additional factors that would be specified in the regulations include

Regulatory development

Consultation

The proposed Amendments were prompted by a recommendation from the Canadian Council for Refugees, which urged the Minister of Public Safety to direct the CBSA to develop GBV-sensitive policy and operational changes. The Canadian Council for Refugees specifically called for legislative or policy amendments to limit the detention of individuals who have experienced GBV and to encourage the use of alternatives to detention, wherever possible. Recognizing that it is not feasible to fully exclude victims and survivors of GBV from detention in all cases, the proposed Amendments include a non-exhaustive list of criteria to guide decision-makers when assessing the appropriateness of detention for individuals affected by GBV.

In 2026, the CBSA contacted 10 organizations, including non-governmental organizations and legal and professional associations, about the proposed Amendments. Comments were received from 3 organizations. In brief, all 3 organizations supported the proposed changes to the regulations which would expand immigration detention considerations to include gender-based violence. However, all 3 organizations suggested additional factors to consider, such as indirect harm that parental detention may have on a child; the risk of further traumatization; the importance of adopting an intersectional approach; and considerations for the physical and psychological well-being of victims, survivors and those at risk of GBV.

The proposed Amendments focus on the avoidance of further traumatizing victims, survivors, and those at risk of GBV and take into consideration the elements outlined by stakeholders, including the best interests of minors who may be negatively impacted by parental detention. Stakeholders also made comments relating to officer training and CBSA procedures. Since these elements do not require a regulatory change, they will be considered to support implementation of the proposal. Finally, suggestions that went beyond the objective of this initiative, such as the suggestion that a parent should not be detained, even in cases where detention is otherwise justified, were not considered. Detention, however, will continue to be used only as a last resort, with alternatives assessed beforehand.

While GBV remains a key priority under the National Strategy, the CBSA intends to advance additional work to explore the need to include other vulnerabilities in subsequent proposals. This proposal is an initial step within the defined GBV scope, ensuring alignment with federal funding parameters and the CBSA’s trauma-informed, rights-based enforcement model, while laying the groundwork for broader consideration of vulnerability in future regulatory initiatives.

The CBSA also consulted with the IRB in the development of these proposed regulatory Amendments.

Indigenous engagement, consultation and modern treaty obligations

The proposed Amendments would not impact Indigenous Peoples who have the right of entry under IRPA subsection 19(1) and do not involve activities that would intersect with modern treaty obligations.

This proposal does not change who can be detained under the IRPA. Currently, under subsection 19(1) of the IRPA every person registered under the Indian Act has the right to enter and remain in Canada, therefore, would fall outside of the scope of detention provisions within the IRPA.

Instrument choice

The proposed Amendments are the most appropriate instrument to achieve the objectives of the proposal, as the IRPR may prescribe and govern any matter relating to detention under the IRPA. Existing policy guidance (i.e. CBSA’s Enforcement Manual 20 (PDF) and IRB’s Chairperson Guideline 2) regarding the detention of victims and survivors of GBV does not create a legal obligation: they invite — but do not compel — application. As a result, the application of these policies remains discretionary, leaving open the possibility of inconsistent and ineffective application. The proposed new factors will ensure that CBSA officers and IRB members are considering the same factors rather than only considering their respective policies.

Regulatory analysis

Benefits and costs

Benefits

The proposed Amendments will deliver some benefits for both individuals and the immigration system. They will ensure greater standardization of use within the CBSA and consistency between CBSA officers and IRB members by requiring them to consider the same factors. They also focus on balancing the protection of victims, survivors and those at risk of GBV via a trauma-informed and victim-centred approach with public safety considerations and maintaining the integrity of the immigration system. The starting point of trauma-informed and victim-centred practice is to “do no harm”; ensuring that systems are structured to avoid triggering the trauma that brought the person into contact with immigration enforcement in the first place. A victim-centred approach prioritizes an understanding of the person’s trauma history and focuses on their specific needs and concerns. It promotes the compassionate, non-judgmental delivery of services, aiming to reduce the risk of re-victimization while supporting the integrity and effectiveness of immigration enforcement decisions.

By embedding protections for victims, survivors and those at risk of GBV into detention-making decisions, the proposal will minimize the risk of further traumatization and reduce exacerbating the psychological conditions, mental health, and existing safety concerns that detention can cause for this group of vulnerable persons. This victim-centred, trauma-informed approach aligns directly with Canada’s National Action Plan to End Gender-Based Violence and supports the Government’s priorities of keeping Canadians safe, and securing our borders. The proposed Amendments would allow decision-makers to

  1. identify and confirm whether someone is a victim, survivor or at risk of GBV;
  2. examine the likelihood of detention exacerbating their physical, mental and emotional well-being and/or conditions; and
  3. consider other relevant information.

The proposal is designed to strengthen public safety outcomes and support the CBSA’s commitments made under the prosecution pillars of the National Strategy. By fostering trusting relationships with victims, survivors and those at risk of GBV, it encourages disclosure of trafficking experiences, which in turn supports the identification, investigation, and prosecution of human traffickers and organized crime syndicates. This reinforces Canada’s reputation as a global leader in human rights and immigration integrity while helping to dismantle trafficking networks that threaten community safety.

Codifying these considerations in the regulations is expected to reduce overall detention for this population, particularly in cases where the individuals do not pose a risk to public safety. This, in turn, would yield cost savings, given that alternatives to detention are less expensive than detention. This is consistent with CBSA’s policy direction (PDF) for vulnerable persons: detention is to be minimized or avoided altogether if the individual is not considered a danger to the public.

Generally, reported incidences of GBV are underrepresented. For example, research suggests that only 5–20% of victims report their sexual assault to law enforcement. footnote 1 Victims and survivors are often not identified as victims or they are reluctant to step forward to share their stories or report the crimes. Reasons for this relate to the fear of retaliation, stigmatization, and shame (victim-blaming). For migrant people in Canada, and particularly those who are undocumented, several systemic barriers exist. They include: fear of stigma or isolation from their community, fear of activating child welfare services and fear of removal.

Quantitative data on GBV-affected cases in detention is limited due to the above-mentioned factors as well as system constraints. This makes it difficult to determine the exact number of cases with precision. As a result, the CBSA has extrapolated data from available information and based assumptions on available data pertaining to the number of temporary resident permits provided under the family violence and trafficking in persons public policy categories. Using this approach, the CBSA estimates that if individuals identified as victims, survivors or at risk of GBV are placed in the alternatives to detention program, it could reduce detention use and generate a net present value of approximately $77,532.22 over a 10-year period.

It is important to note that while this figure is modest, it reflects a lower bound estimate of savings, given the limited data available and the likelihood that many cases remain unreported or not identified. In practice the true number of GBV-affected cases is likely higher, meaning the potential cost savings and broader social benefits could be significantly greater. This underlines the importance of the proposed Amendments, not only in reducing system costs but also in ensuring victims are better protected and supported.

Costs

The proposed Amendments are expected to result in minimal costs. While undertaking a GBV assessment may take officers slightly more time, decision-makers are already expected to consider alternatives to detention for vulnerable people, including GBV victims and survivors; thus, the incremental cost is expected to be minimal. The proposed Amendments would codify existing practices. Any cost associated with litigation is also expected to be minimal.

Minimal costs will be incurred by the CBSA to update training modules and communicate the regulatory changes through operational guidance or other means.

Small business lens

Analysis under the small business lens concluded that the proposed Amendments will not impact Canadian small businesses.

One-for-one rule

The one-for-one rule does not apply, as there is no administrative burden on businesses associated with the proposed Amendments.

Regulatory cooperation and alignment

The proposed Amendments would align with other jurisdictions. Providing enhanced protections, through regulatory changes, to victims and survivors of GBV subject to immigration enforcement would support commitments Canada has made in a number of different international conventions, including

Internationally, several jurisdictions have already taken steps in this direction. The European Union Returns Directive prohibits detention of vulnerable persons, including victims of human trafficking, wherever possible. Similarly, Australia applies a presumption against detention for individuals identified as vulnerable, emphasizing community-based alternatives.

Although, the United Kingdom has not codified its guidance, it is in alignment with the proposed Amendments. For example, an individual is regarded as vulnerable to be harmed by immigration detention if

By codifying comparable protections, Canada would align with international standards and demonstrate leadership within the G7 on humane, rights-based immigration enforcement.

The proposed Amendments are also in alignment with the Geneva Conventions and the United Nations Declaration on the Rights of the Person to treat all human beings with dignity and respect.

International obligations

The proposed Amendments are not related to an international obligation.

Effects on the environment

In accordance with the Cabinet Directive on Strategic Environmental and Economic Assessment (SEEA Directive), a preliminary scan concluded that a SEEA is not required.

Gender-based analysis plus

A gender-based analysis plus (GBA +) assessment was conducted to evaluate the potential of the proposed Amendments to impact diverse populations, particularly those at heightened risk of harm or discrimination within the immigration detention system. The analysis considered how the proposed Amendments may have differential effects on individuals based on intersecting identity factors, including gender, age, race, indigeneity, disability, sexual orientation, gender identity, immigration status, and socio-economic background.

The proposed Amendments are expected to have a net positive impact on victims and survivors of GBV, especially women, girls, transgender and non-binary individual, and groups that are disproportionately affected by GBV due to deeply rooted gender inequalities, stigma and systemic barriers. The proposal also recognizes that GBV may affect men and boys who do not conform to dominant gender norms, particularly within detention settings. These impacts have been documented through oversight mechanisms such as the CBSA’s Immigration Detention Monitoring Program conducted by the Canadian Red Cross Society.

The proposed Amendments would codify trauma-informed and victim-centred practices that already exist in policy and operational guidance into the IRPR. It will provide more guidance and would support more individualized and equitable decision-making by enabling officers and IRB members to consider the specific vulnerabilities of persons affected by GBV when making detention or release decisions. This aligns with broader commitments made by the Government of Canada under the National Strategy to Combat Human Trafficking and the National Action Plan to End Gender-Based Violence, which call for stronger protections and reduced systemic harms for at-risk populations.

This proposal is designed to be inclusive by also focusing on “persons at risk of GBV.” This ensures that individuals who are more likely to face GBV are captured under this regulatory proposal, such as those with disabilities, older adults, persons with mental health needs, pregnant individuals, and 2SLGBTQI+ persons. This mitigates potential equity concerns by allowing flexibility to account for intersecting forms of vulnerabilities.

The proposal also highlights unique considerations for Indigenous people, including those who are GBV survivors or victims of forced labour industries and who do not meet the criteria to enter Canada by right. While persons registered under the Indian Act have a right of entry, others may not and could face detention absent an assessment of their individual circumstances. The proposed Amendments are not expected to negatively impact Indigenous people without the right of entry to Canada as per subsection 19(1) of the IRPA. Indigenous women and girls are acknowledged as a population disproportionately affected by GBV. Indigenous people who are victims and survivors of GBV, but who do not meet the criteria to enter Canada by right, would be able to avail themselves of the proposed consideration factor if they are facing immigration detention. The proposal supports improved outcomes for these individuals by formalizing detention-related considerations that reflect their unique vulnerabilities and lived experience. Therefore, the proposed Amendments are expected to have a positive impact on this cohort by reducing the risk of further traumatization and codifying in regulations a consistent, fair, and humane approach to immigration detention decisions.

Implementation, compliance and enforcement, and service standards

Implementation

The proposed Amendments would come into force upon registration.

Since CBSA and the IRB are currently expected to consider GBV, processes are already in place to facilitate implementation of the proposed Amendments. The CBSA would update relevant field guidance, including Operational Bulletins and Program Manuals, and make these resources available to frontline officers. Operational policy would be revised to guide decision-makers in assessing the appropriateness of detention for victims and survivors of GBV, taking into account a range of relevant factors. Coordination with the IRB will also be required, as IRB members must consider these same factors when determining continued detention or release of individuals. Implementation costs are expected to be funded through the National Strategy to Combat Human Trafficking.

Although the proposed Amendments place an emphasis on victims, survivors and those at risk of GBV, it is important to note that the criteria listed under section 248 are not exhaustive, and decision-makers will still be obligated to consider all relevant factors and circumstances when determining whether detention or continued detention is justified. As per existing policy, decision-makers will continue to assess the impact of detention on other “vulnerable persons,” such as individuals experiencing mental health challenges, medical conditions, disabilities, or other circumstances that may amplify the consequences of detention.

Contact

Carolyn Keeler
Immigration and Asylum Policy Innovation Division
Strategic Policy Branch
Canada Border Services Agency
Email: IEPU-UPELI@cbsa-asfc.gc.ca

PROPOSED REGULATORY TEXT

Notice is given that the Governor in Council proposes to make the annexed Regulations Amending the Immigration and Refugee Protection Regulations under subsections 5(1) and (2)footnote a to (4) and paragraph 61(b) of the Immigration and Refugee Protection Act footnote b.

Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. They are strongly encouraged to use the online commenting feature that is available on the Canada Gazette website but if they use email, mail or any other means, the representations should cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to Carolyn Keeler, Acting Executive Director, Immigration and Asylum Policy Innovation Division, Strategic Policy Branch, Canada Border Services Agency, 100 Metcalfe Street, 10th Floor, Ottawa, Ontario K1A 0L8 (email: IEPU-UPELI@cbsa-asfc.gc.ca).

Ottawa, August 10, 2026

Janna Rinaldi
Assistant Clerk of the Privy Council

Regulations Amending the Immigration and Refugee Protection Regulations

Amendments

1 Section 248 of the Immigration and Refugee Protection Regulations footnote 2 is amended by striking out “and” at the end of paragraph (e), by adding “and” at the end of paragraph (f) and by adding the following after paragraph (f):

2 The Regulations are amended by adding the following after section 249:

Gender-based violence

249.1 (1) For the purposes of paragraph 248(g), the following factors must be considered when assessing whether the person concerned is a victim or survivor of gender-based violence or at risk of experiencing such violence:

Detention

(2) If the person concerned is a victim or survivor of gender-based violence or at risk of experiencing such violence, the following factors must also be considered before a decision is made on detention or release:

Coming into Force

3 These Regulations come into force on the day on which they are registered.

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