As of August 8, the prison system in Nova Scotia will no longer detain irregular migrants.

Some irregular migrants have been detained by the provinces under an agreement between the Canada Border Services Agency and provincial governments. Nova Scotia is the first province in Canada to suspend the agreement.

No criminal charges have been laid against the irregular migrants detained by the Canada Border Services Agency under the Immigration and Refugee Protection Act. However, most of them have been arrested for administrative reasons. The agency is concerned that they will go underground after entering the country, ignoring the immigration approval process and avoiding deportation.

However, the practice of detaining irregular migrants has faced criticism from refugee rights groups. Julie Shamani, head of refugee services in Halifax, stated that it would be better for community organizations to assist them while they await approval of their applications.

Many provinces' agreements with the border services agency are now set to end, but the federal government has not yet devised an alternative plan. Shamani is concerned that this could lead to asylum seekers being sent to other provinces for detention, far from community services and their relatives and friends.

The agreements with Alberta and Saskatchewan end at the end of September, British Columbia at the end of October, and Quebec at the end of December. The deals for New Brunswick, Manitoba, and Ontario are set to expire in February, April, and June of next year, respectively.

Under the agreement, the federal government pays the provinces. According to Human Rights Watch, Nova Scotia receives $12,000 monthly from the federal government.

In addition to the provincial jails and detention centers, the federal government itself has three detention centers for irregular migrants, located in Toronto, Laval, and Surrey.