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

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

Mr. Speaker, frankly, what I find irresponsible is that the other day when we heard the Prime Minister's announcement on crime, there was no attention paid to removing the principle of restraint, which was endemic to Bill C-75, the very principle that is allowing for catch and release to continue. I would ask the members opposite to put some forethought into this to make sure this principle is removed so we can keep criminals off the streets.

[Harb Gill, Conservative, Windsor West, ON]

Mr. Speaker, it is an honour to rise today as the member of Parliament for Windsor West to speak to Bill C-12, 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.

Let us begin with how we got here. The original version, Bill C-2, was deeply flawed. It would have given the government warrantless access to Canadians' financial data and unchecked powers to manipulate platforms. It would even have allowed Canada Post to open private letters without a warrant. All of this was proposed without consulting the Privacy Commissioner, of all people. Conservatives and Canadians said it was enough, so our Liberal friends backed down.

Now we have Bill C-12. It is more focused, yes, but it still misses the mark, especially when it comes to public safety, border integrity, and fentanyl and meth trafficking.

Windsor is Canada's busiest border crossing, handling over half a billion dollars in trade every single day, yet our frontline agencies there are stretched thin, underfunded, understaffed and overwhelmed. When President Trump raised concerns earlier this year about the northern border, Ottawa scrambled. The government spent $5.3 million leasing Black Hawk helicopters and flew 68 patrol missions in just six weeks. That program has ended, by the way. The RCMP called it rapid response capability, but only one interdiction came out of all that effort. That is not enforcement; it is border security theatre.

Senator Sandra Pupatello, who hails from Windsor, recently raised the alarm about illegal crossings by kayaks and motorboats in southwestern Ontario. She is absolutely right that if it floats, it can be used to smuggle guns, meth, fentanyl and cash. It is all moving across the river, yet the federal government continues to ignore the voices of those on the ground who are sounding the alarm.

Canada's failure to act has had consequences far beyond our borders. After an investigation done by W5, a report aired this past week. According to W5, a young man named Aiden Sagala died in New Zealand in 2023, after unknowingly drinking liquid meth disguised as beer, which was exported from right here in Canada. He was just 21 years old. Authorities in New Zealand seized 29,000 cans shipped from Toronto. Did we do anything about it? Sadly, no. There were no charges, no suspects and no answers. The RCMP has remained silent. That is not just negligence; it is a public safety failure.

Since 2016, 49,000 Canadians have died from opioid overdoses, and I have been to a few funerals myself. Seventy-nine per cent of those deaths involved fentanyl, yet Bill C-12 does not include mandatory minimum sentences for fentanyl or meth traffickers or for gang members using firearms. That is not progress. That is abdication of the government's responsibility to Canadian citizens.

In British Columbia, labs are producing kilograms of fentanyl every week. These criminals are profiting from addiction and misery. Canada has become a low-risk, high-reward destination for traffickers, and not just for drugs. We have also become a haven for money laundering, with billions flowing through shell companies, real estate and even casinos. TD got fined last year by the U.S. Securities and Exchange Commission for these kinds of activities. This is not just a health crisis but a national security emergency.

Our bail system is broken. Known traffickers and repeat violent offenders are walking free, sometimes the very same day they are arrested. In Windsor and across Ontario, auto theft is up 167%, extortion is up 350%, and firearms violence is up 97%. Roughly 90% of the guns that are used in crimes are smuggled across our borders. There are no answers to that either. What is not up, one might ask? Resources, helicopter patrol hours, Coast Guard funding and border surveillance equipment are not up. We are asking our officers to do more with less while criminals operate with complete impunity.

Windsor is not just the front line of Canada's economy; it is now the front line of the drug crisis and the fight to secure our borders. If the government cannot track lethal drugs hidden in beverage cans that are exported overseas where innocent people are dying, how can we trust it to protect our own communities?

We are not just risking lives; we are also risking our relationship with other nations, and our reputation as a reliable security partner is also being questioned. The question we need to ask ourselves is this: What message are we sending to our allies, our citizens and the brave officers who are out there? Whether they are from CBSA, the RCMP or municipal or provincial police services, what are they expecting of us, and how are we helping them to stay safe?

Conservatives support sending the bill to committee. There are elements worth exploring, but we will be pushing for serious amendments to ensure that law-abiding Canadians are protected, criminals are held accountable and border communities like Windsor are no longer left behind. Canada's border is not just a line on the map; it is a front line in crisis, and it is time we started treating it that way, with urgency, investment and real leadership.

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

Mr. Speaker, I can say that real leadership does not come from a Conservative leader who insults the RCMP as an institution. That is despicable, yet we still have not heard him apologize to Canadians for making what I would classify as a stupid statement.

Having said that, my question for the member is with respect to fentanyl. Conservatives talk about wanting the government to do more on the fentanyl issue, yet when it brought in a mechanism to deal with fentanyl being distributed through the mail, they jumped up and down and said we could not do it that way. I wonder why, when we actually take an action to deal with something, it is the natural disposition of the Conservatives to oppose the government no matter what. That is what it seems at times.

[Harb Gill, Conservative, Windsor West, ON]

Mr. Speaker, the answer is very simple. If it is done legally, done properly, done sensibly and done with common sense, we will support it. Anything less we will not support.

We are not here to trample on the rights of Canadian people; we are here to stand up for them and fight for them.

[Jacob Mantle, Conservative, York—Durham, ON]

Mr. Speaker, there is one thing I would like to get the member's opinion on. Members on the opposite side in the last couple of years both attended defund the police rallies and specifically called to defund the police.

I wonder how the member, as a former law enforcement officer, feels about the calls from that side of the aisle to defund his colleagues in the police force.

[Harb Gill, Conservative, Windsor West, ON]

Mr. Speaker, whenever that happens, it is always deeply troubling, because members of law enforcement, whether with the CBSA or police agencies, no matter where they serve, serve with integrity. They have values they follow. They sacrifice. They miss birthdays and weddings so all of us stay safe. They miss Christmases and Thanksgivings with their family. When they see or hear these sorts of things, such as “defund the police”, it truly is tragic that this is the value somebody has placed on their work.

It is deeply offensive. It was offensive to me when I was a police officer and still is today that the sacrifice is not acknowledged. We add value to the lives of our citizens by protecting them and by serving them. However, the reward we get in turn is to hear that we should be defunded.

[Doug Eyolfson, Liberal, Winnipeg West, MB]

Mr. Speaker, the hon. member still has not answered the question.

I agree that police officers miss family birthdays and Christmases, and they risk their life. I was raised by an RCMP officer, and I know this. Why have not any members on the other side of the House stood up against their leader's disgraceful statements disparaging the RCMP?

[Harb Gill, Conservative, Windsor West, ON]

Mr. Speaker, that is pretty rich coming from these folks. These kinds of statements are sowing division, not unity. The challenge we have is whether or not we are going to be united.

With respect to these sorts of matters, we have to follow the evidence. If the evidence is there, let it be, but the evidence has to be explored and dealt with properly. If a statement is made by any member of the House, it has to be reviewed and looked at properly in the sense of whether that statement was made with any basis.

I believe the leader when he says there are issues with those investigations. I know for a fact that there were. If members want to have a committee hearing, I would be happy to endorse that. However, just scolding someone or alleging that they did something wrong or insulted somebody is absolutely facetious and does not help the conversation.

[The Assistant Deputy Speaker, John Nater]

The hon. member for Winnipeg North is rising on a point of order.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, the member was requesting some information, and I would be happy to table a document with unanimous consent—

[Some hon. members]

Oh, oh!

[The Assistant Deputy Speaker, John Nater]

Order. We are quickly delving into debate.

I will give the member for Haliburton—Kawartha Lakes 10 seconds to ask a very brief question.

[Jamie Schmale, Conservative, Haliburton—Kawartha Lakes, ON]

Mr. Speaker, I want to address the faux outrage and pearl-clutching on the other side. For 10 years, we have listened to the government chew on the RCMP. Here is a headline quoting the public safety minister: “RCMP racism is ‘intolerable’”. The former prime minister called the RCMP a racist organization—

[The Assistant Deputy Speaker, John Nater]

Order. I have to give the member 10 seconds to respond.

The member for Windsor West.

[Harb Gill, Conservative, Windsor West, ON]

Mr. Speaker, I could not agree more. There is a lot of fake outrage with no substance to it.