Bill C-2

Strong Borders Act

An Act respecting certain measures relating to the security of the border between Canada and the United States and respecting other related security measures

Part 1 amends the Customs Act to provide the Canada Border Services Agency with facilities free of charge for carrying out any purpose related to the administration or enforcement of that Act and other Acts of Parliament and to provide officers of that Agency with access at certain locations to goods destined for export. It also includes transitional provisions.
Part 2 amends the Controlled Drugs and Substances Act to create a new temporary accelerated scheduling pathway that allows the Minister of Health to add precursor chemicals to Schedule V to that Act. It also makes related amendments to the Controlled Drugs and Substances Act (Police Enforcement) Regulations and the Precursor Control Regulations .
Part 3 amends the Controlled Drugs and Substances Act and the Cannabis Act to confirm that the Governor in Council may, on the recommendation of the Minister of Public Safety and Emergency Preparedness, make regulations exempting members of law enforcement from the application of any provision of the Criminal Code that creates drug-related inchoate offences when they are undertaking lawful investigations.
Part 4 amends the Canada Post Corporation Act to permit the demand, seizure, detention or retention of anything in the course of post only in accordance with an Act of Parliament. It also amends that Act to expand the Canada Post Corporation’s authority to open mail in certain circumstances to include the authority to open letters.
Part 5 amends the Oceans Act to provide that coast guard services include activities related to security and to authorize the responsible minister to collect, analyze and disclose information and intelligence.
Part 6 amends the Department of Citizenship and Immigration Act to authorize the Minister of Citizenship and Immigration to disclose, for certain purposes and subject to any regulations, personal information under the control of the Department within the Department and to certain other federal and provincial government entities.
It also amends the Immigration and Refugee Protection Act to authorize the making of regulations relating to the disclosure of information collected for the purposes of that Act to federal departments and agencies.
Part 7 amends the Immigration and Refugee Protection Act to, among other things,
(a) eliminate the designated countries of origin regime;
(b) authorize the Minister of Citizenship and Immigration to specify the information and documents that are required in support of a claim for refugee protection;
(c) authorize the Refugee Protection Division of the Immigration and Refugee Board to determine that claims for refugee protection that have not yet been referred to the Refugee Protection Division have been abandoned in certain circumstances;
(d) provide the Minister of Citizenship and Immigration with the power to determine that claims for refugee protection that have not yet been referred to the Refugee Protection Division have been withdrawn in certain circumstances;
(e) require the Refugee Protection Division and the Refugee Appeal Division to suspend certain proceedings respecting a claim for refugee protection if the claimant is not present in Canada;
(f) clarify that decisions of the Immigration and Refugee Board must be rendered, and reasons for those decisions must be given, in the manner specified by its Chairperson; and
(g) authorize regulations to be made setting out the circumstances in which the Minister of Citizenship and Immigration or the Minister of Public Safety and Emergency Preparedness must designate, in relation to certain proceedings or applications, a representative for persons who are under 18 years of age or who are unable to appreciate the nature of the proceeding or application.
It also includes transitional provisions.
Part 8 amends the Immigration and Refugee Protection Act to, among other things,
(a) authorize the Governor in Council to make an order specifying that certain applications made under that Act are not to be accepted for processing, or that the processing of those applications is to be suspended or terminated, when the Governor in Council is of the opinion that it is in the public interest to do so;
(b) authorize the Governor in Council to make an order to cancel, suspend or vary certain documents issued under that Act, or to impose or vary conditions, when the Governor in Council is of the opinion that it is in the public interest to do so;
(c) for the application of an order referred to in paragraph (b), require a person to appear for an examination, answer questions truthfully and produce all relevant documents or evidence that an officer requires; and
(d) authorize the Governor in Council to make regulations prescribing circumstances in which a document issued under that Act can be cancelled, suspended or varied, and in which officers may terminate the processing of certain applications made under that Act.
Part 9 amends the Immigration and Refugee Protection Act to add two new grounds of ineligibility for claims for refugee protection as well as powers to make regulations respecting exceptions to those new grounds. It also includes a transitional provision respecting the retroactive application of those new grounds.
Part 10 amends the Proceeds of Crime (Money Laundering) and Terrorist Financing Act to, among other things,
(a) increase the maximum administrative monetary penalties that may be imposed for certain violations and the maximum punishments that may be imposed for certain criminal offences under that Act;
(b) replace the existing optional compliance agreement regime with a new mandatory compliance agreement regime that, among other things,
(i) requires every person or entity that receives an administrative monetary penalty for a prescribed violation to enter into a compliance agreement with the Financial Transactions and Reports Analysis Centre of Canada (the Centre),
(ii) requires the Director of the Centre to make a compliance order if the person or entity refuses to enter into a compliance agreement or fails to comply with such an agreement, and
(iii) designates the contravention of a compliance order as a new violation under that Act;
(c) require persons or entities referred to in section 5 of that Act, other than those already required to register, to enroll with the Centre; and
(d) authorize the Centre to disclose certain information to the Commissioner of Canada Elections, subject to certain conditions.
It also makes consequential and related amendments to other Acts and the Proceeds of Crime (Money Laundering) and Terrorist Financing Administrative Monetary Penalties Regulations and includes transitional provisions.
Part 11 amends the Proceeds of Crime (Money Laundering) and Terrorist Financing Act to prohibit certain entities from accepting cash deposits from third parties and certain persons or entities from accepting cash payments, donations or deposits of $10,000 or more. It also makes a related amendment to the Proceeds of Crime (Money Laundering) and Terrorist Financing Administrative Monetary Penalties Regulations .
Part 12 amends the Office of the Superintendent of Financial Institutions Act to make the Director of the Financial Transactions and Reports Analysis Centre of Canada a member of the committee established under subsection 18(1) of that Act. It also amends the Proceeds of Crime (Money Laundering) and Terrorist Financing Act to enable the Director to exchange information with the other members of that committee.
Part 13 amends the Sex Offender Information Registration Act to, among other things,
(a) make certain changes to a sex offender’s reporting obligations, including the circumstances in which they are required to report, the information that must be provided and the time within which it is to be provided;
(b) provide that any of a sex offender’s physical characteristics that may assist in their identification may be recorded when they report to a registration centre;
(c) clarify what may constitute a reasonable excuse for a sex offender’s non-compliance with the requirement to give at least 14 days’ notice prior to a departure from their residence for seven or more consecutive days;
(d) authorize the Canada Border Services Agency to disclose certain information relating to a sex offender’s arrival in and departure from Canada to law enforcement agencies for the purposes of the administration and enforcement of that Act;
(e) authorize, in certain circumstances, the disclosure of information collected under that Act if there are reasonable grounds to believe that it will assist in the prevention or investigation of a crime of a sexual nature; and
(f) clarify that a person who discloses information under section 16 of that Act with the belief that they are acting in accordance with that section is not guilty of an offence under section 17 of that Act.
It also makes a related amendment to the Customs Act .
Part 14 amends various Acts to modernize certain provisions respecting the timely gathering and production of data and information during an investigation. It, among other things,
(a) amends the Criminal Code to, among other things,
(i) facilitate access to basic information that will assist in the investigation of federal offences through an information demand or a judicial production order to persons who provide services to the public,
(ii) clarify the response time for production orders and the ability of peace officers and public officers to receive and act on certain information that is voluntarily provided to them and on certain information that is publicly available,
(iii) specify certain circumstances in which peace officers and public officers may obtain evidence, including subscriber information, in exigent circumstances,
(iv) allow a justice or judge to authorize, in a warrant, a peace officer or public officer to obtain tracking data or transmission data that relates to any thing that is similar to a thing in relation to which data is authorized to be obtained under the warrant and that is unknown at the time the warrant is issued,
(v) provide and clarify authorities by which computer data may be examined, and
(vi) allow a justice or judge to authorize a peace officer or public officer to make a request to a foreign entity that provides telecommunications services to the public to produce transmission data or subscriber information that is in its possession or control;
(b) makes a consequential amendment to the Foreign Publishers Advertising Services Act ;
(c) amends the Mutual Legal Assistance in Criminal Matters Act to allow the Minister of Justice to authorize a competent authority to make arrangements for the enforcement of a decision made by an authority of a state or entity that is empowered to compel the production of transmission data or subscriber information that is in the possession or control of a person in Canada;
(d) amends the Canadian Security Intelligence Service Act to, among other things,
(i) facilitate access to basic information that will assist the Canadian Security Intelligence Service in the performance of its duties and functions under section 12 or 16 of that Act through information demands given to persons or entities that provide services to the public and judicial information orders against such persons and entities, and
(ii) clarify the response time for production orders; and
(e) amends the Controlled Drugs and Substances Act and the Cannabis Act to provide and clarify authorities by which computer data may be examined.
Part 15 enacts the Supporting Authorized Access to Information Act . That Act establishes a framework for ensuring that electronic service providers can facilitate the exercise, by authorized persons, of authorities to access information conferred under the Criminal Code or the Canadian Security Intelligence Service Act .
Part 16 amends the Proceeds of Crime (Money Laundering) and Terrorist Financing Act to permit a person or entity referred to in section 5 of that Act to collect and use an individual’s personal information without that individual’s knowledge or consent if
(a) the information is disclosed to the person or entity by a government department, institution or agency or law enforcement agency; and
(b) the collection and use are for the purposes of detecting or deterring money laundering, terrorist activity financing or sanctions evasion or for a consistent purpose.
It also makes related amendments to the Personal Information Protection and Electronic Documents Act .

Strong Borders Act

[Doug Eyolfson, Liberal, Winnipeg West, MB]

Mr. Speaker, the hon. member made reference to the warrantless opening of mail. I have to ask, what part of the police obtaining warrants to open mail, the same way that now happens with services such as FedEx and Purolator, did the member not understand?

[Michael Ma, Conservative, Markham—Unionville, ON]

Mr. Speaker, the point the member made is not in the bill. The bill would allow the Canada Post Corporation to access mail without going through a standard police warrant process, and that in itself is a problem for Canadians overall.

[Patrick Bonin, Bloc, Repentigny, QC]

Mr. Speaker, I will go back to the question that I asked our hon. colleague, because I unfortunately did not get an answer.

The Customs and Immigration Union says that there is a shortage of 2,000 to 3,000 officers and that the government will clearly not be able to properly inspect all exports to combat auto theft.

I would like to know what my hon. colleague thinks.

[Michael Ma, Conservative, Markham—Unionville, ON]

Mr. Speaker, certainly, the borders bill needs to address both the resources and the legislation.

As the member points out, many cases of auto theft go unnoticed. Cars get loaded on trailers and ships, and they exit the country without being noticed. A strong borders bill needs to build in factors that will enable and enhance our police capabilities and our border security to protect against theft outside of the country and protect us from the improper import of guns and drugs, especially fentanyl, into the country.

[Michael Guglielmin, Conservative, Vaughan—Woodbridge, ON]

Mr. Speaker, does my hon. colleague have any examples from his riding where constituents may have a problem with being banned from using $10,000 in cash?

[Michael Ma, Conservative, Markham—Unionville, ON]

Mr. Speaker, there are examples. I heard during our campaigning this year that there are concerns about transactions. The point being made is that cash is very much part of our society, and there are companies that work on the basis of not wanting to pay credit card fees and so forth. To legislate and force all transactions to go through credit cards and electronic means is just not practical for small and medium enterprises.

[Jenny Kwan, NDP, Vancouver East, BC]

Mr. Speaker, the bill is purported to be a measure to address border security, fentanyl, car theft and so on, yet the Conservatives, of course, cancelled the port police, which caused part of the problem. The Liberals have been in government for 10 years, and they have not restored the port police.

In my riding of Vancouver East, we see the drugs coming in and see the crime, which are impacting our country, so my question to the member is this: Would he support the call to bring back the port police for border security?

[Michael Ma, Conservative, Markham—Unionville, ON]

Mr. Speaker, what we need to look at is the whole border bill, what it entails and, as I mentioned earlier, the expanded definition in the bill. Would it just address certain portions of the border or would it address more? I ask because previously I have questioned the hon. minister, and while it seems the bill is very restrictive, some of the definitions have become very expansive. That is why in my question earlier, I said the bill goes everywhere but addressing its actual needs.

[Vince Gasparro, Liberal, Parliamentary Secretary to the Secretary of State (Combatting Crime)]

Mr. Speaker, I am thankful for the opportunity to speak to Bill C-2, the strong borders act.

I want to begin by thanking our dedicated officers from the Canada Border Services Agency, the Royal Canadian Mounted Police and our frontline men and women who serve within our local police forces, as well as those who serve within our national security apparatus. I thank all of them for their service and their commitment to keeping us all safe.

Our border is maintained through rigorous enforcement, advanced technology and strong domestic and international partnerships. Although there is more to be done, this new government was elected in part to take concrete action in order to keep Canadians safe. This is why the bill in front of us, the strong borders act, is so important.

The bill would ensure that law enforcement has the necessary tools to keep our borders secure, combat transnational organized crime, stop the flow of illegal fentanyl and crack down on illicit financing and money laundering more broadly. These measures would bolster our response to increasingly sophisticated criminal networks while ensuring that we protect Canadians' privacy and charter rights.

One of the key goals of this bill is to strengthen the government's effort against illicit financing and money laundering. We know that money laundering supports and perpetuates criminal activity by allowing criminals, such as fentanyl traffickers, to profit from their illicit activities and then reinvest in their criminal enterprises.

This makes strong and effective anti-money laundering controls a critical component of keeping Canadians safe. Bill C-2 would strengthen Canada's anti-money laundering and anti-terrorist financing regime through stronger penalties for financial crimes and by addressing the most prevalent forms of money laundering.

It would enhance public-to-private information sharing and strengthen the supervision and compliance of financial institutions and other businesses and professionals with anti-money laundering obligations.

The strong borders act proposes a comprehensive set of amendments to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act to ensure that businesses and professionals regulated by the act are effective in detecting and deterring money laundering. This means strengthening the administrative monetary penalty framework through increased civil and criminal penalties while establishing safeguards for small businesses so they are not disproportionately penalized.

The strong borders act would enhance compliance program requirements and enforcement. It also means punishing serious criminal non-compliance by increasing the limits for all criminal fines 10 times. The stronger penalties proposed for non-compliance would better align Canada with other countries, including the United States and the European Union.

The strong borders act would also introduce a new offence for the provision of false information to the Financial Transactions and Reports Analysis Centre of Canada, more commonly known as FINTRAC.

We will strengthen the anti-money laundering framework and support the fight against financial crime more broadly—

[The Deputy Speaker, Tom Kmiec]

I have to interrupt the member. I have a point of order from the official opposition deputy whip.

[Rob Moore, Conservative, Fundy Royal, NB]

Mr. Speaker, my apologies for the interruption, but the hon. member has referred to a “new government”. The government has been in power for the last decade. I am wondering if he might correct that.

[The Deputy Speaker, Tom Kmiec]

That is a matter of debate.

I will let the parliamentary secretary continue.

[Vince Gasparro, Liberal, Eglinton—Lawrence, ON]

Mr. Speaker, we will strengthen the anti-money laundering framework and support the fight against financial crime more broadly.

We will require reporting entities or business professionals who have obligations under the Proceeds of Crime and Terrorist Financing Act to enrol with FINTRAC if they have not already done so. Enrolment would provide FINTRAC with accurate and up-to-date information on the businesses it regulates, supporting risk management efforts and improved communication. It would also enable FINTRAC disclosures to Elections Canada to detect and deter illicit financing and foreign interference in Canadian elections.

The strong borders act addresses common and dangerous types of money laundering, including through new restrictions on large cash transactions and third party deposits where someone deposits money into an account that is not their own. We will make the rules clearer for how the public sector and private sector can share information with each other to help spot and stop money laundering.

Finally, the bill introduces amendments to the Proceeds of Crime and Terrorist Financing Act and the Office of the Superintendent of Financial Institutions Act to foster a more integrated approach and strengthen coordination among federal financial oversight agencies, reinforcing Canada's high compliance standards. These amendments would improve inter-agency coordination and communication. Specifically, bringing FINTRAC's knowledge and expertise to assist our government's financial intelligence by sharing and receiving information. We will strengthen the oversight of our financial institutions in the fight against illicit financing and money laundering.

These measures are in addition to and in support of the government's establishment of the integrated money laundering intelligence partnership with Canada's largest banks. This partnership will enhance our capacity to use financial intelligence tools to combat fentanyl trafficking and other forms of organized crime. Frankly, it will allow us to cut off the flow of illicit financing and go after the bad guys.

With these significant anti-money laundering provisions, the government is addressing the long-standing concerns stakeholders have raised in recent years. Some of these stakeholders are loud supporters of the bill. They include the National Police Federation, which stated it was “encouraged by provisions that strengthen lawful access to digital evidence, [and] improve collaboration with FINTRAC and financial institutions”. It also said that it is clear “that public safety is a top priority for this new government.”

Even the Canadian Police Association, the voice of over 60,000 frontline officers, has said that the legislation would “strengthen the ability of police to investigate and disrupt complex criminal networks by enhancing anti-money laundering enforcement,” and that “Bill C-2 would give police services the legal tools needed to respond more effectively to evolving threats.”

Transnational organized crime groups are consistently adapting to new technology and adapting new methods of criminality, and we must ensure our law enforcement and national security agencies can adapt as well. That is why the new government is being thoughtful in its approach to legislation. For example, we are proposing closing a loophole that has allowed law enforcement to open mail from FedEx and UPS, but not from Canada Post. Currently, drug traffickers can exploit this gap by shipping fentanyl in small quantities through Canada Post, beyond the reach of interception. The proposed strong borders act would change that by authorizing Canada Post to open mail with a warrant.

Previous governments have focused on the root causes of crime, and as Liberals, it is the new government that will continue that responsibility and that work. Our government, this new government, is both tough on the underlying causes of crime and tough on crime itself. By cracking down on illicit financing and money laundering, we will be tough on crime by making it more difficult for groups to fund their criminal enterprises, including the trade in illegal fentanyl, drugs, firearms and other forms of smuggling and trafficking.

It is just one of the many ways that the new government is taking the fight to the bad guys to keep our communities safe. I think we can all agree that there is no more important priority for us as—

[Kurt Holman, Conservative, London—Fanshawe, ON]

Mr. Speaker, I rise on a point of order. The member opposite mentioned “the new government” again.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I rise on the same point of order. This is the second member, within a 10-minute speech, who has stood up on a ridiculous point of order, disrupting a member's speech. Members do all sorts of things with their speeches. I think it is very disturbing to hear that, and it can work both ways. I would ask members to not interrupt when a member is delivering a speech.