Resolve conflicts surrounding flagpoling

In a nutshell

The CBA’s Immigration Law Section identifies a direct conflict between the operational bulletin, the legislative framework and the announced policy on flagpoling and suggests how to resolve it.

Flagpoling is the practice of applying for work and study permits at Canadian land border ports of entry by people with temporary resident status. In December 2024, a Canada Border Services Agency directive prohibited the practice, however, it contradicts Section 198 of the Immigration and Refugee Protection Regulations, which explicitly grants certain foreign nationals the right to apply for a work permit at a port of entry.

Adding to the confusion, Immigration, Refugees and Citizenship Canada’s Operational Bulletin 686, intended to implement the December 2024 policy, goes beyond the stated policy by “effectively instructing border officials to refuse to process most work and study permit applications made at ports of entry, even in situations that are not flagpoling,” the CBA letter reads.

Recommendations

The Section recommends withdrawing or amending Operational Bulletin 686 to clarify it only applies to flagpoling situations and not to port of entry applications generally. It also calls for a clearer articulation of the legislative intent. “If the government intends to restrict port of entry applications beyond flagpoling, it must pursue amendments to s.198 of the IRPR, or publish a clear intent to limit its application according to the regulatory amendments of 7 December 2024,” the submission reads.

Read the submission.