The Canada Border Services Agency (CBSA) may make it more difficult for people with records to qualify for NEXUS and FAST cards and other Trusted Traveller programs.
The Agency is hosting a consultation period until Aug. 19.
Proposed changes
Currently the eligibility criteria is vague. Generally people with pardons or record suspensions can apply. However, the changes replace the eligibility criteria that the person must be in “good character” with a list of more specific criteria. These rules will make it tougher for people with records to apply. Many will be banned completely. Not surprisingly, cross-border smuggling can result in a lifetime ban. This includes things like smuggling drugs or weapons. In addition, any kind of indictable offence or multiple convictions can make you ineligible.
If you have a summary offence or two summary offences arising out of a single occurrence, you will need to wait 10 years to apply. In contrast, the waiting period to apply to seal a summary conviction is five years. You will still need to apply for a pardon (Record Suspension) before you apply for a NEXUS or FAST card.
If you have a criminal record outside of Canada, your conviction will be assessed under the Canadian Criminal Code.
A pending criminal charge can result in suspended membership until the results of the charge are known.
About NEXUS cards
The CBSA says the result will be a more transparent system. Some people have complained that their NEXUS cards were not approved or were confiscated arbitrarily. NEXUS, FAST cards and other programs give pre-clearance to people who have been identified as posing a low security risk. This allows them to skip long lines.
Even if you have a pardon or Record Suspension, you may also need a US Entry Waiver to cross the border.
To have your say, visit the CBSA website. To apply for a Record Suspension to gain eligibility, contact us.