Bill C-12

Strengthening Canada's Immigration System and Borders Act

An Act respecting certain measures relating to the security of Canada's borders and the integrity of the Canadian immigration system 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 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 5 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 6 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 7 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 8 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 9 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 the Retail Payment Activities Act and the Proceeds of Crime (Money Laundering) and Terrorist Financing Administrative Monetary Penalties Regulations and includes transitional provisions.
Part 10 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 11 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 .

Strengthening Canada's Immigration System and Borders Act

[Aslam Rana, Liberal, Hamilton Centre, ON]

Mr. Speaker, we introduced Bill C-12, the strengthening Canada's immigration system and borders act, to strengthen our borders and keep Canadians safe. The legislation would act on our government's commitment to ensuring that border and law enforcement officers have the tools they need to protect our communities. This includes measures to combat transnational organized crime and to protect the integrity of our immigration system, stop the flow of illegal fentanyl and weapons, and crack down on money laundering.

[Xavier Barsalou-Duval, Bloc, Pierre-Boucher—Les Patriotes—Verchères, QC]

Mr. Speaker, I have a quick question for my colleague opposite about asylum seekers. We agree that Bill C‑12 is a step in the right direction. It will help improve the system.

However, let us look at the past 10 years. The Liberals came to power in 2015, and it is now 2025. They have been in power for 10 years. During that time, the number of asylum seekers and the number of people crossing the border illegally has skyrocketed.

Is my colleague proud of his government's record? In Quebec, resources are stretched thin. The Government of Quebec has repeatedly said that it is overwhelmed; it is no longer able to teach French to all these people and integrate them.

[Aslam Rana, Liberal, Hamilton Centre, ON]

Mr. Speaker, there is no ban on asylum claims. There is no ban at all.

While some individuals will be ineligible to claim asylum in certain specific circumstances, there are still safeguards in place to make sure legitimate claims are properly reviewed. Individuals will still have access to the pre-removal risk assessment. This process prevents people from being sent back to a country where they would face risks, such as persecution, torture or other harms.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, I wonder if my hon. colleague for Hamilton Centre could provide any insight. I have asked previous Liberals speaking to Bill C-12 whether Bill C-2 is going to be withdrawn.

On the Order Paper, we now have two bills that are nearly identical. Both are unacceptable. Are there plans to withdraw Bill C-2?

[Aslam Rana, Liberal, Hamilton Centre, ON]

Mr. Speaker, we are not taking that bill out. We are strengthening and further moving toward Bill C-12. There are some changes being made to Bill C-2, and we are moving toward Bill C-12.

[Greg McLean, Conservative, Calgary Centre, AB]

Mr. Speaker, I welcome my colleague to the House of Commons. This is the first time I have had a chance to hear him in debate.

I heard his speech, and then I heard every one of his responses, which were actually from his speech. This is called Q and A, questions and answers, where we actually engage to show how well we know the bill and what we want to do with it. This bill is a replacement for a bill that is already being withdrawn by the government. It is coming back to us, effectively asking what the Conservatives want.

Would the member submit that perhaps his government is putting words on paper for him to read in the House that are not going anywhere, that are just a waste of time? Does the member know how much it costs Canadian taxpayers to waste time in the House and to waste time putting bills on paper?

[Aslam Rana, Liberal, Hamilton Centre, ON]

Mr. Speaker, Canadians gave the government a mandate to get things done, to put them first.

That is why we are moving forward with strong legislative changes to support border and law enforcement officers, to enhance the integrity of our immigration system and to keep Canadians safe through Bill C-12. We are confident that this bill will deliver.

[Arielle Kayabaga, Liberal, London West, ON]

Mr. Speaker, it is important for the new member to know that, in the House, he has privileges as a new member of Parliament. He can speak, and he can also ask the opposition why their members are repeating the same lines 120-some times during question period for 45 minutes.

Perhaps the member wants to tell us why he feels Bill C-12 is really important for the people who elected him on April 28, asking him to represent them.

[Aslam Rana, Liberal, Hamilton Centre, ON]

Mr. Speaker, the five provisions that remain in Bill C-2 are still extremely important.

Law enforcement has been calling for years for the lawful access and information provisions that are essential to keeping Canadians safe. Canada is the only country among its Five Eyes partners that does not have lawful access legislation. We must address this gap.

[Andréanne Larouche, Bloc, Shefford, QC]

Mr. Speaker, I want to come back to a previous question. It has been pointed out that Bill C‑2 had already been introduced. This is one of the bills that people were asking me about because they had concerns.

Was it these concerns or other factors that motivated this change? How did we go from Bill C‑2 to this new version, Bill C‑12, and what was the main reason for this change?

[Aslam Rana, Liberal, Hamilton Centre, ON]

Mr. Speaker, this bill will strengthen the integrity of our asylum system, and claimants will have access to the pre-removal risk assessment that will take into consideration their situation to ensure those who need refugee protection will have access to it.

[Alexandre Boulerice, NDP, Rosemont—La Petite-Patrie, QC]

Mr. Speaker, I wonder how come the Liberals have been talking and acting like Conservatives since they came to power. Asylum seekers and refugees are human beings who are entitled to dignity, respect, and a transparent and honest process.

Can my colleague assure us that Bill C-12 complies with the international conventions that protect the rights of refugees and that Canada has committed to upholding?

[Aslam Rana, Liberal, Hamilton Centre, ON]

Mr. Speaker, yes, we are taking significant steps to preserve the integrity of our immigration system while upholding our humanitarian commitment. As global migration patterns evolve, Canadians expect a strong, efficient and responsive immigration system. That is why we introduced the changes to ensure our immigration system can respond to the challenges that we face today.

[Michael Coteau, Liberal, Scarborough—Woburn, ON]

Mr. Speaker, the immigration system is an important aspect of building a strong country. I am an immigrant. I came here from the U.K. when I was four years old, almost five years old. I would like to ask the member, why is building a strong immigration system so essential in this country?

[Aslam Rana, Liberal, Hamilton Centre, ON]

Mr. Speaker, we will keep working across all parties to ensure we are responding to the calls from police and law experts, but first we will work alongside all parties to build Bill C-12 to ensure we are delivering for Canadians and upholding our commitment to secure our borders, enhance the integrity of our immigration system and crack down on organized crime. A strong—