Previously Unannounced Canada–US Agreement on Sharing Permanent Residents’ Information Kicks In

Minister of Immigration, Refugees and Citizenship Marc Miller speaks to the media during the federal cabinet retreat in Montreal, on Jan. 22, 2024. The Canadian Press/Christinne Muschi

As part of increased border security measures, Ottawa said it will expand information sharing with the United States to include data on permanent residents.

Immigration Minister Marc Miller made the announcement on Jan. 15 during a press conference outlining steps taken by his government to strengthen the immigration system.

“This information is really mission critical to having a safe border, and by granting this extension, both countries are better equipped to screen applicants and make informed migration decisions and also prevent fraud,” said Miller.

Immigration Canada says in a Jan. 15 backgrounder there will also be enhanced information sharing on “all electronic travel authorization (eTA) applicants using a new source of data from the U.S.”

The increased information sharing is the fruit of an agreement signed between Ottawa and Washington in July 2024, which was never publicized.

Asked by reporters why it was not announced previously, Miller said there’s “nothing secret about it.” He mentioned having signed the agreement at the U.S. embassy alongside U.S. Ambassador David Cohen in July. Miller noted it was decided the agreement document would be tabled in Parliament and that this occurred in the fall.

A search in Parliamentary journals indicates the agreement was tabled by Miller’s parliamentary secretary on Oct. 3. The agreement itself is not available on the House of Commons website, but rather via the Library of Parliament.

Miller said a reason for not speaking publicly about the agreement was because it was a “bit of an early agreement.”

He also said many people have accused his government of doing press conferences for minor announcements.

“I think it’s important when we talk about messaging and communication, communicating to the public, that we pick our moments and that we are judicious in the material things that we think are important to the Canadian public,” he said.

The agreement with the United States expands a previous 2012 agreement on the sharing of visa and immigration information. It is meant to assist the partners in enforcing their immigration laws and facilitate the adjudication of visa requests.

The information being shared can include biographic, biometric, or immigration-related data on nationals of third countries.

Asked by reporters to elaborate on the kind of information being shared, Miller said he would not provide the “full slate of elements” being exchanged with the United States.

“Everyone knows constitutionally, as you cross the border, your expectation of privacy is lessened, whether you’re a citizen or not,” he said with regard to privacy concerns.

“I think we do have a heightened duty towards Canadian citizens to make sure that we protect their personal information,” he added. “Permanent residents have rights as well. The point here is that we found it important as a safety measure to make sure that that gap was closed.”

Miller said there are safeguards within the agreement to protect people’s privacy. The agreement states that parties have to handle the information exchanged in accordance with the terms of the agreement and their respective legal obligations.

The new regulations pertaining to the agreement published in the Canada Gazette in December say that Immigration Canada consulted with the Office of the Privacy Commissioner and that it will adhere to the recommendations that were made. Those include “updates to the implementing arrangements and privacy impact assessments,” without further details being provided.

The announcement about increased sharing of immigration information with the United States came as Canada is attempting to stave off a threat by U.S. President-elect Donald Trump to impose a 25 percent tariff on Canada if it doesn’t increase border security to counter illegal migration and drug smuggling. Trump is set to begin his second term next week.