DZYUBAN

The record · September 2026

Information Commissioner of Canada

· Answered · 5826-03514 (CBSA)

Asked

Supplement: a letter of the Agency of 28 September dates the deferral of removals to Ukraine 24 February 2024 instead of 2022; an order under section 36.1.

The letter ·

RE: Notice of intention to investigate under section 32 - 5826-03514 - new document of 28 September 2026 on the Administrative Deferral of Removals for Ukraine

Hello,

OIC file 5826-03514, complaint of 27 August 2026 against the Canada Border Services Agency, access request A-2026-41240 / MDOUG. Notice of intention to investigate given on 8 September 2026.

Request A-2026-41240 asks for the records describing the Administrative Deferral of Removals for Ukraine. On 26 August 2026 the Agency extended its time by 90 days, on the ground that meeting the original time limit would unreasonably interfere with its operations.

On 28 September 2026 the Agency's Vice-President, Intelligence and Enforcement Branch, wrote to me on behalf of the Minister of Public Safety in the attached letter. It describes the Deferral for Ukraine: the date of imposition, the authority under subsection 230(1) of the Immigration and Refugee Protection Regulations, the reassessment of country conditions "by using open-source references and consultations with internal and external stakeholders", and the finding that "As of September 2026, Ukraine meets the criteria to maintain Administrative Deferral of Removals." The Branch gave that answer 25 days after the Office of the Prime Minister referred my letter to the Minister on 3 September 2026.

The letter states that the Deferral "was imposed on February 24, 2024, as Russia launched a full-scale military attack on Ukraine". The full-scale invasion began on 24 February 2022. The record that fixes the date of imposition is among the records the Agency has put off to late November 2026.

Add the letter to file 5826-03514. Under section 36.1, order the Agency to disclose the records on the Deferral for Ukraine now. Confirm receipt in writing.

Respectfully,
Danilo Dzyuban
Attachments: CBSA-reply-2026-09-28-for-the-Minister-of-Public-Safety.pdf

Answer 9 Oct The complaint is assigned to an investigator.