Question and Answer

11 December 2006

Canada Laptop Q & A

-- The Association of Corporate Travel Executives (ACTE) received the following information regarding laptop searches and seizures at the Canada Border from the Canada Borders Enforcement Division, Enforcement Branch of the Canada Border Services Agency:

1. Under what circumstances may laptops be searched?
   The Customs Act provides Border services officers with the authority to examine personal baggage, conveyances, and goods that have been imported into or are about to be exported from Canada. CBSA officers may examine laptop computers or other electronic storage devices ( e.g digital cameras, MP3 players cell phones) as part of a secondary examination.


2. What are the policies and procedures the Canadian Government has in place regarding the copying, storing, and sharing of data seized at the border that is of a proprietary nature?
   The CBSA has appropriate safeguards in place to protect personal information under the Privacy Act. In addition, documents and or media of any nature unrelated to the administration or enforcement of the Customs Act are not photocopied or copied unless they are seized for some other purpose under lawful authority, or permission to photocopy or copy the document or media is received from the owner or person in possession of the document or media.


3. What processes would the Canadian Government advise the business traveller of, when they have been subjected to a laptop seizure, to ensure the safe return of the device and its contents, if no security concerns or other legal issues are found?

The CBSA will notify the importer to make arrangements for the return of the device, if the laptop is found not to contain any prohibited material.
If the police have not seized the laptop as evidence because they do not intend to prosecute, and the laptop is determined by the CBSA to contain child pornography, terms of release may be offered on the laptop if the pornography is removed.

The CBSA office that seized the laptop will be responsible for the actual return of seized laptop. This will be accomplished by sending a certified letter to the person or company concerned, offering the following options:

1. Having the laptop returned to the importer by registered mail; or


2. Having the importer pick up the laptop at the CBSA office where the goods are held.

If there is no response from the importer to the letter after a period of 30 days from which it was sent, the seized laptop will be recorded as unclaimed goods and disposed of in accordance with the procedures outlined in Memorandum D4-1-6.

For additional Information, please visit the Canada Border Services Agency Website at http://www.cbsa-asfc.gc.ca.