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

[The Assistant Deputy Speaker, John Nater]

I am sorry, but I need to give time to the member to respond.

The hon. member for Calgary Nose Hill.

[Michelle Rempel, Conservative, Calgary Nose Hill, AB]

Mr. Speaker, I do not think anyone in Oakville West would think that going from absolutely crazy, insane levels of car theft to mucho, extra crazy levels of car theft is acceptable. The problem is that the Liberals are saying there was a drop, but it is still out of control. There are people in Oakville who have to buy bollards to put in front of their cars because their cars get stolen.

The member talked about the detection of cars. The Liberal government cannot detect cars going out of a port. There is drone warfare happening, and we cannot even detect stolen cars in the port of Montreal.

[Frank Caputo, Conservative, Kamloops—Thompson—Nicola, BC]

Mr. Speaker, it is always a pleasure to rise on behalf of the people of Kamloops—Thompson—Nicola.

I was going to raise a point of order, but I know my colleague is more than capable of dealing with this. The member for Winnipeg North said something that I think was deeply offensive to this House and was completely unparliamentary. He was essentially telling my colleague to get real when all she was doing was citing facts. This is at a time when we were told by a cabinet member that Canada Post would need a warrant to open up mail. I am going to read directly from the bill:

The Corporation may open any mail if it has reasonable grounds to suspect that

It is “reasonable grounds to suspect”, not even to “believe.” He should be apologizing. Shame on him.

[Michelle Rempel, Conservative, Calgary Nose Hill, AB]

Mr. Speaker, I doubt the hon. member my colleague is referring to who made the comment actually read the bill, because he has not. This is what the bill says. As my colleague across the way mentioned, there are some provisions, although not that one, that could ostensibly, maybe, help fix the mess that the Liberals created themselves. However, there are some things in there so egregious that I think the Liberals put them in there specifically as a poison pill. That means they are not serious about solving these issues and want them to continue. If the Liberals were serious about addressing these issues, they would not have put, as they did in Bill C-63, poison pill civil liberties issues in there to bottleneck Parliament.

I encourage all colleagues in this place to go to the minister and say that this is a dog's breakfast. Let us figure this out.

[Lena Metlege Diab, Liberal, Minister of Immigration]

Mr. Speaker, I will be sharing my time with the hon. member for Bourassa.

I am pleased to rise today to talk about the strong borders act. The legislation before the House would strengthen border protection and border security and ensure integrity in the immigration system, with new authorities to improve how client information is shared with provincial and territorial partners; enforce our laws more effectively; and support a sustainable system that restores balance and trust in immigration for Canadians and those seeking to come to our country.

Overall, Bill C-2 would improve the flexibility and responsiveness of the asylum system by creating new ineligibility rules, removing incomplete or abandoned claims in the system and focusing resources on those who need protection the most.

Let me talk about information sharing.

As a former provincial minister of immigration, I know how important it is for the federal government to work with the provinces and territories to develop policies and programs.

When I was minister of immigration in Nova Scotia, I understood how critical partnerships and co-operation between governments were to meeting the needs of employers and communities and supporting diverse groups of people. The information provided by the federal government helps provinces and territories effectively manage their programs and services.

Let me be clear. This information sharing would, of course, continue to protect the personal information of applicants with strong safeguards. This would include a clear prohibition against provincial or territorial government partners further sharing any information with foreign entities except with the written consent of IRCC, where this would happen in a way that complies with Canada's international obligations.

With respect to the new asylum ineligibilities, to protect our system against surges in claims, we are introducing new ineligibility rules for asylum. Let me be clear once again. Claiming asylum is not a shortcut to immigration. The ineligibilities would reduce pressures on the system so that we can provide protection for those in need efficiently. Under the proposed legislation, the federal government would no longer refer claims to the Immigration and Refugee Board for a decision if claims are made more than one year after someone's first arrival after June 24, 2020, or if claims are made 14 or more days after someone enters Canada irregularly between border crossings.

The one-year limit discourages those wanting to use the asylum system as a way to extend their stay in Canada if other pathways fail. We are a generous country that values fairness, but Canadians expect us not to tolerate those who attempt to use the asylum system to bypass our laws and systems. With respect to the date that was selected, June 24, 2020, let me be clear that it was selected because that was the date the regulations were created to track the exit data.

We are applying the same principle to those who cross the border irregularly. We know that some continue to cross the Canada-U.S. border irregularly despite our warnings and laws. By waiting 14 or more days before filing an asylum claim, they effectively avoid return to the U.S. under the safe third country agreement.

Entering Canada between our points of entry is neither authorized nor safe. We have all seen the tragic loss of life or serious injuries to people who insisted on entering Canada through snow-covered fields, waterways or forests in the middle of winter. Not only are these crossings dangerous, but they are often linked to migrant trafficking and organized crime. They put people, including children, at even greater risk.

I recommend that everyone who wants to come to Canada use our migration channels and programs.

For these reasons, claims filed more than a year after a person first arrives, beginning on June 24, 2020, and those filed 14 days or more after they cross the border illegally will not be referred to the Immigration and Refugee Board of Canada for a decision.

These measures would allow our decision-making body, the Immigration and Refugee Board, to focus on making final decisions on genuine claims. These ineligibility rules would protect against potential surges in claims, relieve the pressure on the asylum system and help the IRB work through its existing inventory of pending claims, including from those who genuinely need our protection and support.

We recognize that our system needs to adapt to changing patterns and global migration. We need the system to be adaptable, flexible and responsive to changes so that we can safely manage the flow of people entering our country. In support of Canada's plan to strengthen border security in our immigration system, this legislation would introduce new authorities for Canada to respond to global events quickly and effectively.

When the global pandemic hit in 2020, the federal government was forced to make the difficult decision to close our borders to protect the health and safety of Canadians. While our vetting and review processes are thorough, documented and empowered under the law, we do not have the power to suspend or cancel documents.

Currently, officers have the authority to cancel a visa or electronic travel authorization on a case-by-case basis following a change in the status of the holder or because the holder is no longer entitled to hold the document.

For example, if it is discovered that an application contains false statements or the applicant has a criminal record or is deceased, the agent would have the power to cancel this document. Right now, that power does not exist.

This power does not apply to groups of immigration documents. This legislation would help Canada better respond to global events like the pandemic by allowing Canadian authorities to suspend, amend or cancel a number of immigration documents at once.

These authorities would help us protect the public interest, protecting against safety and security threats, health risks and abuse of publicly funded programs. To be clear, there is no plan to cancel the documents of any particular groups. These measures are intended to strengthen the integrity of our immigration system for the future.

The use of any of these authorities would require a separate process. Decisions would have to be driven by evidence and facts and would rest with the Governor in Council, not the minister alone. There are checks and balances in the process to ensure these measures would be used in the public interest of Canadians.

Through this legislation, the government would improve and streamline our asylum system, strengthen how we work with provinces and territories, support Canada's asylum system, and focus our decisions and resources. We would empower government to respond to changing times quickly.

These processes will be simpler, faster and more targeted. The proposed changes will improve public safety as well as the integrity of our government programs and services.

There would be fast, fair and final decisions so that our system meets our economic, social and humanitarian objectives.

I encourage all members to support this legislation to move these critical changes forward. I also encourage Canadians to look at the language of the legislation. If members help us put in these changes, we can have a system that we are proud of.

With these words, I am happy to take a few questions.

[Michelle Rempel, Conservative, Calgary Nose Hill, AB]

Mr. Speaker, millions of people in Canada are here on expired visas or visas that are about to expire. In order to fix the immigration system, the Canadian public should have publicly disclosed information on how many people exit.

Why did the minister not include a departure-tracking mechanism in this bill? Is it because she does not want one?

[Lena Metlege Diab, Liberal, Halifax West, NS]

Mr. Speaker, I believe we all agree that immigration is key to our economy in Canada and to our communities. As I said in my remarks, the date that was selected for that one-year rule, June 24, 2020, was picked specifically because that is the date that regulations came into effect to track exit data.

[Alexis Deschênes, Bloc, Gaspésie—Les Îles-de-la-Madeleine—Listuguj, QC]

Mr. Speaker, I have a question for the minister. With regard to asylum claims, I understand that the problem related to the 14-day period has been resolved and that the period from which a claim for asylum can no longer be made has also been limited.

Now we see, at first reading at least, that a new discretionary power has been given to the minister. When an asylum claim is deemed eligible by the officers, the minister has the power to authorize it or reject it before it is referred to the board. That is a new discretionary power for the minister.

I would like to know where that idea came from.

[Lena Metlege Diab, Liberal, Halifax West, NS]

Mr. Speaker, I am well aware of the challenges facing asylum seekers. That is why we included in the legislation the one-year rule effective June 25, 2020, to make our systems comprehensive and effective. We work very well with the Province of Quebec in these situations.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Mr. Speaker, I want to help my Conservative friends across the way, and frankly I hope they are listening.

At the end of the day, this is what a real, tangible change means. Let us say we want to take a throne speech document and put it into a yellow envelope. If the member opposite was to do that, he could mail it, and no one has the right to actually open up that envelope today. We could put fentanyl in that envelope, and no one has the right to open it up. The police would have to wait until it hits the home.

This legislation would allow for the police to go and get a warrant that would enable them to open up the envelope. Most Canadians would see that as a positive thing, just like the police do. I am wondering if my colleague would agree that this is a good piece of legislation, and the Conservatives—

[Some hon. members]

Oh, oh!

[The Assistant Deputy Speaker, John Nater]

Order. Can we have a little order here?

The hon. minister has the floor.

[Lena Metlege Diab, Liberal, Halifax West, NS]

Mr. Speaker, allow me to thank the member for Winnipeg North for not only his passion but also his accuracy in the information that he always presents to us in the House. I definitely do agree with him that this is an excellent piece of legislation, and I urge all colleagues in the House to please support it.

[Arnold Viersen, Conservative, Peace River—Westlock, AB]

Mr. Speaker, the Liberals have destroyed the immigration system in our country, and that has caused the complete destruction of our housing industry across the country as well.

Will the member apologize for the last 10 years of Liberal failure?

[Lena Metlege Diab, Liberal, Halifax West, NS]

Mr. Speaker, I would like to say that this new government is here to work with Canadians, and the reduction in the permanent and temporary numbers that has been forecasted was forecasted with the understanding that we do need to reduce our numbers to ensure that our infrastructure meets the challenges of today.

I would like to remind members that COVID put a lot of strain and stress on all the provinces in our country and all our people, so with that in mind, let us all work together and let us all unify Canadians, unify Canada and stay strong.