A Peace Bridge refugee claim is made in person to a Canada Border Services Agency (CBSA) officer at the Fort Erie port of entry, across the river from Buffalo, New York. Because it is a land border crossing, the Safe Third Country Agreement (STCA) applies, so the day turns on proving that you fit an exception, most often a qualifying family member in Canada. Bring original documents, have your relative on standby, and plan to be there all day.
This article draws on Heather Neufeld’s session on STCA determinations at the CILA 2026 conference in October 2026, and on a panel with CBSA officials at the same conference, checked against Justice Laws and the current IRCC pages on 5 November 2026. It is practical procedure, not a statement of the law. Where the sources differ, we follow the official pages.
Key Takeaways
- At a land port of entry such as the Peace Bridge, the STCA applies unless you prove an exception. The burden is on you (IRPA s.100(1.1)).
- Bring originals of every identity and relationship document, with translations. If an original is missing, be ready to explain why and where it is.
- Your relative in Canada must be reachable all day and should be prepared to answer the same questions you are asked.
- If the officer finds no exception applies, you may be returned to the United States that day. Act before you leave the port.
Why do lawyers recommend the Peace Bridge for a border refugee claim?
Counsel who handle STCA cases often prefer the Peace Bridge because, in their experience, it has a refugee processing unit that focuses on these files. Ms. Neufeld told the conference that claimants can arrange an appointment there in advance and that the port has sent the immigration forms ahead of time. She also found it easier, as counsel, to reach an officer there than at some other ports.
She stressed that receptiveness varies between ports. For any other crossing, she suggested weighing the strength of the exception against the risk of return, and the logistics of getting there.
For current contact details, use the CBSA Directory of Offices and Services, which lists the Fort Erie (Peace Bridge) crossing. We do not reproduce phone numbers or email addresses from conference materials here, because we have not confirmed them on an official page.
Does the Safe Third Country Agreement apply at the Peace Bridge?
Yes. A claim is ineligible for the Immigration and Refugee Board if the claimant came to Canada from a designated country (IRPA s.101(1)(e)), and the United States is the only designated country (IRPR s.159.3). The regulations carve out airports, harbour ports and some crossings between ports (s.159.4), but not land ports of entry like the Peace Bridge.
So a claimant at the Peace Bridge must establish one of the exceptions in IRPR s.159.5 or s.159.6. IRCC groups them into four types: family member, unaccompanied minor, document holder and public interest. Even with an exception, the claim must meet every other eligibility rule. Which relatives qualify for the family member exception is the subject of a separate article, so we do not repeat the list here.
The 14-day rule you may have read about applies to people who cross between ports of entry, not to claims made at a port. Our Safe Third Country Agreement and 14-day rule guide explains how the two fit together.
What documents should you bring to a Peace Bridge refugee claim?
Bring the original of every identity document you have, with certified translations, plus original documents linking you to your relative in Canada and proof of that relative’s status. Ms. Neufeld reported seeing claimants turned back without an original birth certificate. If you cannot bring an original, prepare a clear explanation of why, and where it is now.
Her checklist, in substance:
- Identity: passports, national ID cards and birth certificates, in original, with translations.
- U.S. status: proof of any pending U.S. immigration application, including whether you have already filed for asylum in the United States.
- The relationship: original birth certificates showing common parents with consistent spellings, family registers, photos together, communications, baptism records, and any earlier Canadian immigration forms in which either of you declared the other.
- DNA: where documents are weak or come from a country with document-authenticity concerns, consider a DNA test done in advance by a laboratory accredited by the Standards Council of Canada.
- Your relative’s status and presence: for example a PR card, Canadian passport or proof of a pending refugee claim, and proof that they are physically in Canada.
- Representation: a Use of a Representative form signed before the day, if a lawyer is acting for you.
Check every document against the others for small inconsistencies in names, dates and places, and be ready to explain your country’s naming conventions and any recently issued document. Which evidence best proves the relationship is covered in a separate article.
How should your relative in Canada prepare?
Your relative in Canada should be reachable by phone at any time during the day, and Ms. Neufeld recommended that they attend the port of entry with their own documents. Officers may call them and compare their answers with yours, so both of you should be ready to confirm family names, dates of birth, and each other’s work and place of residence.
What happens at the Peace Bridge on the day of the claim?
You make the claim in person to an officer (IRPA s.99(3)), who then decides whether it is eligible to go to the Refugee Protection Division (s.100(1)). You must answer all questions truthfully. Expect a long interview on ineligibility grounds, your U.S. status, the reason for your claim, your relative’s life in Canada, and where each document came from.
A few practical points from the conference:
- Counsel. The CBSA officials on the panel said there is no right to counsel during routine examinations; that right arises on detention or arrest. Where counsel is allowed to attend, they may observe and take notes but may not answer for the claimant.
- Phones. The CBSA officials said there is no national policy barring claimants from their phones, though an officer may restrict access if it interferes with the examination. Ms. Neufeld advised that claimants call counsel during breaks if a problem arises, and carry key phone numbers on paper in case devices are taken.
- Time and food. Prepare to be at the border all day. Ms. Neufeld advised asking for food and water rather than waiting to be offered it.
Should a lawyer send written submissions before the interview?
Ms. Neufeld recommended it. Written submissions can set out exactly how the claimant meets the STCA exception and how each document proves the relationship. She also advised that they request alternative relief if the exception is refused, such as a temporary resident permit, and detail the risk the claimant would face if returned to the United States.
She described a CBSA escalation process that can be engaged where a person found ineligible gives credible evidence of a serious risk on return to the United States, including a real risk of being sent on to their home country. In her experience the claimant must raise that risk themselves. The Supreme Court of Canada, in Canadian Council for Refugees v. Canada (Citizenship and Immigration), 2023 SCC 17, treated discretionary safety valves of this kind as part of what keeps the STCA scheme constitutional.
What if the officer finds you do not meet an STCA exception?
If the officer finds no exception applies, the claim is ineligible under IRPA s.101(1)(e) and you will usually be returned to U.S. authorities. Ms. Neufeld warned that people returned to U.S. Customs and Border Protection are now likely to be detained. While you are still at the port, ask the officer to defer your return, and speak to a lawyer about an urgent stay.
After a return, the options narrow to a discretionary reconsideration request to CBSA and judicial review in the Federal Court. Our page on Federal Court stay of removal motions explains how urgent stays work.
What changed on November 3, 2026?
IRCC brought new asylum regulations into force on November 3, 2026, after the conference. Its backgrounder says eligible claims now have 60 days to submit the completed application and documents, with one 30-day extension on request. It also says the STCA will apply as before, but a relative’s pending claim now needs to have been found eligible for referral, rather than referred.
When we checked on 5 November 2026, the Justice Laws consolidation of the regulations was current only to 19 October 2026, so it did not yet show these changes. Confirm the current forms and deadlines with CBSA when you book. Our refugee claim and RPD guide covers what happens after a claim is referred.
Frequently Asked Questions
Do I need an appointment to make a refugee claim at the Peace Bridge?
The law does not require one, but counsel at the CILA 2026 conference recommended booking ahead. Find current contact details in the CBSA Directory of Offices and Services.
Can I bring a lawyer into the Peace Bridge eligibility interview?
There is generally no right to counsel at that interview. An officer may let counsel observe, but not answer for you.
Does the 14-day rule apply to a claim at the Peace Bridge?
No. It applies to people who cross between ports of entry. At a land port of entry, the Safe Third Country Agreement applies unless you prove an exception.
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Disclaimer: This article is for general information only and is not legal advice. Immigration law and IRCC/ESDC policy change frequently, and every case turns on its own facts. Reading this article does not create a lawyer–client relationship. Obtain advice tailored to your situation before you act.
Talk to a Canadian immigration lawyer. BridgePoint Law advises individuals and businesses across Canada — and on Canada–US–China cross-border matters — on refugee claims and border matters. Book a consultation with our team in Toronto and Kingston. We work in English, Mandarin, and Cantonese.