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

[Sukh Dhaliwal, Liberal, Surrey Newton, BC]

Mr. Speaker, I rise today in support of Bill C-12, the strengthening Canada’s immigration system and borders act. This legislation would protect Canadians, secure our borders and uphold the integrity of our immigration system. I am proud to support this legislation, which would help keep Canadians safe.

There is no greater priority for our government than keeping our communities safe and our economy thriving. Our economy cannot thrive if we do not take strong measures to combat crime and ensure that our border is safe and secure.

We live in a time of evolving global threats. Transnational criminal organizations, rising auto theft networks and the flow of illegal drugs continue to devastate families and our communities. We also face new migration pressures driven by conflict, climate change and economic instability. Bill C-12 would respond to these realities with a balanced approach. It would equip our law enforcement agencies with modern tools to protect Canadians, while safeguarding their rights under the Charter of Rights and Freedoms.

Before I go further, I note that I will be sharing my time with the member for Pickering—Brooklin.

Bill C-12 is built around two pillars. These are securing our borders and combatting organized crime, illegal fentanyl and illicit financing.

Under the first pillar, amendments to the Customs Act would empower the CBSA to examine and detain goods leaving Canada. This new authority would help officers intercept stolen vehicles, firearms and narcotics before they leave our ports. Across Canada, and especially in urban regions, auto theft is fuelling transnational organized crime. Criminals are exploiting export loopholes and shipping stolen cars overseas. Bill C-12 would close those gaps and give the CBSA the tools to act firmly.

The bill would also amend the Oceans Act to grant the Canadian Coast Guard a security mandate. This would allow the Coast Guard to patrol our coastal waters, collect and share intelligence and work hand in hand with the RCMP and CBSA. For the first time, our maritime borders would be integrated into our broader national security strategy.

Bill C-12 would further enable the RCMP to share information on registered sex offenders with domestic and international partners, strengthening community safety and aligning Canada with its allies.

Within our immigration system, Bill C-12 would make important reforms to ensure fairness and integrity. It would streamline asylum claim processing, prevent misuse and strengthen information sharing with the provinces and territories. The new measures would help manage sudden surges in claims while ensuring that those genuinely in need of protection continue to receive it.

I want to be clear that there would be no ban on asylum claims. People found ineligible under specific circumstances would still have access to a pre-removal risk assessment to ensure that they are not returned to danger. This strikes the right balance between compassion and credibility.

The second pillar of Bill C-12 directly targets organized crime and the illegal drug trade. Amending the Controlled Drugs and Substances Act would allow the government to rapidly control new precursor chemicals used in the production of drugs such as fentanyl. This flexibility would allow law enforcement agencies to act faster and prevent dangerous substances from entering our communities. In my home province of British Columbia, the opioid crisis has taken a devastating toll. Stopping the supply of illegal fentanyl before it reaches our streets is a crucial step in saving lives.

Bill C-12 also strengthens Canada’s defences against money laundering and terrorist financing through amendments to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act. It increases penalties for financial crimes and adds the director of FINTRAC to the Financial Institutions Supervisory Committee to improve oversight and collaboration. By cutting off the flow of dirty money, we would make it harder for organized crime to thrive. These measures would make a tangible difference in people’s lives.

Since the start of this year, the CBSA has seized more than 2.7 million grams of cocaine, 2,500 grams of fentanyl, 662 firearms and nearly $30 million in currency. This results in lives being saved and communities being protected.

Bill C-12 is the product of listening to law enforcement, provincial partners and Canadians who want a government that is both compassionate and firm. We listened to the concerns of stakeholders and colleagues in the House on Bill C-2. That is why we have introduced Bill C-12, which is tailored specifically to border security and combatting transnational organized crime, illegal fentanyl and illicit financing to ensure the safety of Canadians.

Bill C-12 does not cover bail reform, but the Prime Minister announced this past Thursday that our government will soon be tabling legislation to introduce amendments to the Criminal Code regarding reverse-onus bail for major crimes. This bill shows Canadians that their government is serious about security, serious about fairness and serious about protecting the values that define us. It modernizes our systems, respects privacy protections and ensures that our law enforcement and security agencies have the authority they need without compromising the rights of individuals.

In Surrey Newton and communities throughout the country, these issues are deeply felt. Residents want to know that stolen vehicles are not disappearing across the border. Parents want their children to be safe from fentanyl. Newcomers want to see a system that is efficient, fair and worthy of their trust. Bill C-12 delivers on all those priorities. A secure Canada is a strong Canada. This legislation keeps Canadians safe, reinforces public confidence and ensures that Canada remains a place where opportunity and safety go hand in hand.

I urge all members of Parliament to support this bill. Together, let us strengthen our borders, protect our communities and build a safer, more secure future for all Canadians.

[Brad Redekopp, Conservative, Saskatoon West, SK]

Mr. Speaker, the member is probably aware that, at the moment, there are about 600 foreign nationals in Canada who are due to be deported but cannot be tracked down by the CBSA. Clearly, the Liberal government has failed in its ability to keep track of foreign nationals like this, people with criminal records who should be deported. It is unable to find them. It does not know how to locate them. It is a clear failure of the government.

How is this bill going to fix that? Does the member have any confidence when he is speaking to Canadian citizens and Canadian voters that this is going to work, given the failures the government has seen, which he has been a part of for the last 10 years?

[Sukh Dhaliwal, Liberal, Surrey Newton, BC]

Mr. Speaker, I have worked with the hon. member for Saskatoon West on the immigration committee in the past. We both understand that we need immigration.

At the same time, we have to curb these criminals and the people who are trying to come to our country illegally. That is why we are putting Bill C-12 together, giving our CBSA officers and RCMP officers more tools and resources to deal with the situation. That is why, last week, we announced 1,000 new RCMP officers and 1,000 new CBSA officers to deal with these situations.

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

Mr. Speaker, in my community of Scarborough—Woburn, border protection is an important aspect. I am quite happy that the government has looked for ways to enhance our border security.

Has the hon. member had conversations in his community about border security? What does the bill mean for the people he represents in his riding?

[Sukh Dhaliwal, Liberal, Surrey Newton, BC]

Mr. Speaker, whether it is in Scarborough or in Surrey, people are concerned about security. Surrey is a border city when it comes to the U.S. border. This is exactly what they were asking for to strengthen our borders and make sure that CBSA officers have the tools and resources to deal with this, whether it is illegal firearms or drugs that are flowing into our country. They would be able to search those warehouses where they are stored and loaded.

Giving them those powers would make it better for people in Scarborough, as well as in Surrey.

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

Mr. Speaker, I know there are going to be some enhancements to border security and additional RCMP officers. For the member's province, I am sure this would have a very positive impact. I know that, for Ontario, it would be quite good.

Could the hon. member talk about some of those enhancements, like the new police officers, and how he thinks they would impact border security in Canada?

[Sukh Dhaliwal, Liberal, Surrey Newton, BC]

Mr. Speaker, last week, I, along with the parliamentary secretary, were able to announce 1,000 new police officers. Out of that, 150 police officers would be assigned to financial crime. That is a major issue that we are seeing in Surrey and other communities: cases of extortion and theft. These 150 new police officers would be able to deal with those issues effectively and make our communities safe.

[Sandra Cobena, Conservative, Newmarket—Aurora, ON]

Mr. Speaker, I would like the hon. member to comment on why the Liberal government refuses to shut down consumption sites that are close to schools.

[Sukh Dhaliwal, Liberal, Surrey Newton, BC]

Mr. Speaker, these consumption sites are working in my community of Surrey. I can tell the member that, since they came in, they have made a big difference in the lives of people. We will continue to support those—

[The Deputy Speaker, Tom Kmiec]

Resuming debate, the hon. member for Pickering—Brooklin.

[Juanita Nathan, Liberal, Pickering—Brooklin, ON]

Mr. Speaker, today the House is debating important legislation: Bill C-12, the strengthening Canada's immigration system and borders act. Bill C-12 would strengthen our country's security by proposing changes to support border security and immigration, to fight transnational organized crime and to disrupt illicit financing. We urgently need to update many of our laws if we want to be able to address the complex security challenges our country is currently facing.

With Bill C-12, CBSA officers would have the capacity to inspect exported goods in warehouses and transportation hubs. Owners and operators of certain ports of entry and exit would be required to provide facilities for export inspections just as they currently do for imports. These changes would strengthen the CBSA's ability to detect and seize contraband for export, including illicit goods such as fentanyl and stolen vehicles.

Canada's coasts also face new security risks. That is why this bill would allow the Canadian Coast Guard to conduct security patrols. It would also be able to collect, analyze and share information for security purposes. Canada strictly controls synthetic drugs and the precursor chemicals used to produce them. Unfortunately, the illicit drug market is constantly evolving in an attempt to evade these controls. Bill C-12 would ensure the Minister of Health can rapidly control the precursor chemicals used to produce illicit drugs, including fentanyl.

Border security and immigration are top priorities for the Liberal government. Notably, this bill would also help us enhance the integrity and fairness of our immigration system. Canada's asylum system exists to protect people who are fleeing persecution or risks to their life or safety in their home country. The strengthening Canada's immigration system and borders act would, among other things, improve how we receive, process and decide on asylum claims to make the system faster and easier to navigate.

The amendments contained in Bill C-12 would also help law enforcement respond more effectively to evolving border security challenges. Border security requires a coordinated effort across the entire government, as information from various federal institutions may be required to thoroughly assess the situation.

Federal departments and agencies need to work together to share information in order to understand and respond to demands and to keep people safe. For that reason, Bill C-12 would enhance the ability of the RCMP to share information on registered sex offenders with domestic and international partners.

It would improve how IRCC shares information so that federal, provincial and territorial partners can make timely, accurate decisions to ensure the integrity and better delivery of public services. IRCC already shares applicant information with its domestic partners in limited circumstances, but this bill would create clear and direct legal authorities to allow for proactive and systematic information sharing and to reduce administrative burdens.

Any new use or disclosure of personal information under these new authorities would follow existing privacy laws, policies and best practices. Additionally, the proposed measures would strengthen Canada's anti-money laundering and anti-terrorist financing regime, including through stronger anti-money laundering penalties. It is well known that money laundering supports crimes like human trafficking, fentanyl trafficking, fraud, theft and other economic crimes. This is why we need new tools to keep pace with increasingly sophisticated criminal threats and techniques.

The measures contained in the bill would strengthen businesses' compliance to anti-money laundering obligations, including through a 40-times increase in administrative penalties. This would ensure non-compliance is not treated as the cost of doing business.

The bill would enable FINTRAC to exchange supervisory information on federally regulated financial institutions with other members of the financial institutions supervisory committee, and it would add the director of FINTRAC to this committee.

Because international organized crime networks represent the biggest threat to our country's security, we have already taken several important measures. First, our government established the integrated money laundering intelligence partnership with Canada's largest banks, which is enhancing our capacity to develop and use financial intelligence to combat fentanyl trafficking and other organized crime.

Second, we have listed seven transnational organized crime groups as terrorist entities under the Criminal Code. Listing is an important tool that supports criminal investigations and strengthens the RCMP's ability to prevent and disrupt criminal activities. We continue to monitor this and will add more to the list as needed.

Finally, Canada appointed its first fentanyl czar, who serves as the main interlocutor between the Canadian and U.S. governments for enhancing our collaboration in combatting fentanyl. While less than 1% of illicit fentanyl seized in the U.S. is linked to Canada, we are working to ensure fewer drugs and their precursor chemicals cross our shared border. To increase our illegal fentanyl detection abilities, we are training and deploying new border detector dog teams that specialize in fentanyl detection.

We have also taken into account stakeholders' concerns and have introduced Bill C-12 to advance these legislative priorities as quickly as possible. Bill C-12 draws on elements of Bill C-2 that are designed to combat transnational organized crime and those who seek to exploit our immigration system. This streamlined bill would balance the need to protect our borders with concerns about Canadians' privacy.

Bill C-12 would complement ongoing efforts to secure our border from coast to coast to coast and keep Canadians safe. We must act with urgency on all these issues. Now is the time to update our laws to continue to address increasing and more complex security challenges. I wish to reassure this House that there is no greater priority for our government than to keep Canadians and our communities safe. That is why we are taking strong measures to combat crime and ensure our border remains safe and secure.

I hope that my hon. colleagues from all sides of the House will join me today in supporting Bill C-12.

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

Mr. Speaker, this country has been built by immigrants. Outside the indigenous community, we are all from immigrants at some point in time. Immigration is part of our past; it is part of who we are today, and it will be a big part of who we are in the future.

I know that constituents in Pickering—Brooklin share many different immigration stories. How important is it to get the immigration file right in this country, and what does that mean to the member?

[Juanita Nathan, Liberal, Pickering—Brooklin, ON]

Mr. Speaker, as my colleague said, immigration is an integral part of our system. We have all been immigrants at some point in time, and Pickering—Brooklin is vastly made up of immigrants from all countries across the world. It is important that we get this right, and we have to spend time and debate the bill. I am hoping that all members of the House will understand how important it is for asylum claimants and immigrants to come to this country, and we are taking significant steps to preserve the integrity of our immigration system while upholding humanitarian commitments.

Without immigration, families cannot come together, and grandparents are not able to visit their grandchildren and be part of the milestones in their lives, so it is important for us to have an immigration system that—

[The Deputy Speaker, Tom Kmiec]

Questions and comments, the hon. member for Scarborough—Woburn.

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

Mr. Speaker, the hon. member talked a bit about some of the pieces that will have an impact on businesses and our border and will enhance our system overall, with more compliance issues.

Would the member care to expand on some of those pieces that will be important for building a stronger border and immigration system in Canada?