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

[Bienvenu-Olivier Ntumba, Liberal, Mont-Saint-Bruno—L’Acadie, QC]

Mr. Speaker, I heard my colleague talk about an important point that affects me personally as a father. He asked us to speak frankly, objectively and with leadership.

Yesterday, the Prime Minister spoke frankly with some young university students and told them where the country is headed, where we are headed.

Would my colleague be prepared to broach this type of subject with our government frankly and truthfully, in an upfront way, and support our government in this process?

[Todd Doherty, Conservative, Cariboo—Prince George, BC]

Mr. Speaker, my hon. colleague is new here, so I will forgive him if he is not aware of my record. I am who I am. My stripes have never changed, and he can ask any of his long-standing Liberal colleagues that. My record stands for itself.

[Abdelhaq Sari, Liberal, Bourassa, QC]

Mr. Speaker, when we consider any bill, we need to ask a fundamental question: Who will this bill benefit? Will this measure that the government or the House is proposing make our programs more effective, make our services more compassionate and make our country fairer? When we look at Bill C‑12, a bill that aims to strengthen our immigration system and our country's borders, I think that the answer is clear. It is a resounding yes.

This bill strikes a critical balance between a compassionate and a rigorous approach. It also strikes a balance between openness and security. It seeks to improve the way the government serves Canadians, newcomers and those seeking protection in our country, in Canada. It strengthens our security, supports our prosperity and enhances co-operation between the federal, provincial and territorial governments. In short, this reform is necessary. It is a compassionate and responsible reform.

Now I want to talk about the benefits for asylum seekers. The proposed measures will fundamentally modernize our immigration and refugee system. The aim is to better meet the country's needs while protecting the most vulnerable, those who seek refuge in Canada, often risking their lives to do so. These measures reflect a clear commitment to a sustainable immigration system, one that is rooted in compassion but that reflects our country's actual capacity to welcome, house and integrate newcomers. Canadians want our asylum system to remain a symbol of hope. They want a fair system that protects those fleeing war, persecution, hardship or climate hazards elsewhere in the world but that remains firm toward those who seek to abuse it.

Bill C‑12 creates a single online application process that is simpler, faster, more transparent and integrated. Thanks to better coordination between departments, cases will now be “decision-ready” when they are referred to the Immigration and Refugee Board of Canada. The result will be fewer delays, less confusion and, above all, greater fairness.

The bill also changes how late or irregular claims are handled, especially those filed more than a year after someone arrives in Canada. Asylum seekers will now have 14 days to submit their claim and will not be automatically sent back to the United States. These claims will be referred to a fair removal process that includes a pre-removal risk assessment. This will ease the pressure on our system while ensuring fairness and dignity in every case. By simplifying the process, we are making the system more compassionate, but we are also making it more efficient and effective. Behind every asylum claim, there is a face, a human being, a story, and, above all, hope.

I will now address the issue of integration with the territories and provinces. An effective system also relies on collaboration, coordination and communication. Bill C‑12 promotes a closer partnership between the federal government, the provinces and the territories. It modernizes the communications framework to enable the rapid and secure exchange of information on immigration, citizenship and passport services.

Every day in my riding, Bourassa, I see how newcomers enrich our neighbourhoods. They contribute to our economy, our culture and our community vitality, including through their sporting achievements. I have spoken about this often here in the House.

By improving information sharing between Ottawa, the provinces and local organizations, we are sure to succeed. This strengthened partnership will make our system more effective, fairer and more compassionate, as I said earlier.

I will now talk about the public safety benefits. The safety of Canadians remains a top priority. We have seen human smugglers and criminal groups take advantage of irregular crossings to get around our system.

Bill C-12 sends a clear message: Canada is still a welcoming country, but it is not naive. People who enter irregularly will have their cases dealt with through a fair removal process rather than by the Immigration and Refugee Board of Canada. This measure protects the integrity of the system and strengthens public confidence. In short, these reforms ensure that our system remains both fair and secure.

I would like to conclude by saying that I believe in this bill and hope that everyone in the House shares the same view. If there is one thing I can say about this bill, it would be that the government is acting responsibly and trying to strike a balance. The most difficult part of making these decision is maintaining a balance between openness and constant vigilance. I would also say that this bill is a major step forward and that it makes our immigration system more modern, more consistent and more compassionate, while maintaining that balance. It strengthens public safety while maintaining the humanitarian tradition that Canada is so proud of.

This bill reflects the vision of a Canada that is open, yet orderly; welcoming, yet vigilant; caring, yet responsible. That is the balance I was talking about. I am convinced that this bill will make our immigration system stronger and more deserving of Canadians' trust. I therefore ask my colleagues to support this important, balance-oriented legislation, and I thank them for their attention.

[Jagsharan Singh Mahal, Conservative, Edmonton Southeast, AB]

Mr. Speaker, would the member opposite agree with me that there is a clear duality in the intent of the Liberal government and that it is failing to walk the talk by leaving out minimum mandatory jail time for fentanyl traffickers and for gangsters?

[Abdelhaq Sari, Liberal, Bourassa, QC]

Mr. Speaker, on the contrary, there is no duality. Rather, we are trying to strike a balance between openness and vigilance. That is very important. No one can say that the government has done nothing, quite the opposite. We invite our colleagues to come and discuss the matter in committee, because we simply must get the bill passed. What we are striving for is balance, not a duality.

[Jagsharan Singh Mahal, Conservative, Edmonton Southeast, AB]

Mr. Speaker, would the member agree with me that there is no minimum mandatory jail time for drug traffickers, for fentanyl traffickers and for gangsters in this bill? Also, the bill does not mention anything about stopping safe consumption sites from being close to schools and day cares. Young families are being impacted on a daily basis. How is the government going to stay true to its intent of making sure the legislation protects those who are affected by it?

[Abdelhaq Sari, Liberal, Bourassa, QC]

Mr. Speaker, I am not saying that my colleague's question is irrelevant, but it strays a little outside the scope of the bill. I can still give him an answer, though. This bill does not compromise national security. Quite the contrary, it strengthens identity and background checks, and it helps all stakeholders play a more proactive role in the fight against fentanyl trafficking.

[Andréanne Larouche, Bloc, Shefford, QC]

Mr. Speaker, with regard to border security, the Bloc Québécois and the unions have long called for patrolling between border crossings to be allowed, not because we want to replace the RCMP, but to increase flexibility and the possible scope of action on the ground. Will the government commit to amending the regulations to allow patrolling?

[Abdelhaq Sari, Liberal, Bourassa, QC]

Mr. Speaker, the main purpose of this bill is to establish greater coordination and collaboration between the federal government, the provinces, the municipalities and the regions. With that coordination, I do not think a single thing needs to be added, because every border and every region has completely different constraints. Coordination and collaboration are what is most needed, and that is what this bill delivers.

[Connie Cody, Conservative, Cambridge, ON]

Mr. Speaker, the government says it is going to hire 1,000 more officers for the CBSA, but hiring 1,000 CBSA officers barely deals with the losses currently happening through attrition. When we open the Gordie Howe Bridge next year, the shifting of personnel will leave a massive hole in the system. In addition, there is no training capacity for these 1,000 proposed officers.

Can the member explain how we are going to be able to meet the goal of 1,000 new officers being proposed?

[Abdelhaq Sari, Liberal, Bourassa, QC]

Mr. Speaker, I believe the Minister of Public Safety has already answered that question. He has already made it clear that we are committed to strengthening recruitment in this field and to providing the necessary resources to combat trafficking at our borders.

At today's meeting of the Standing Committee on Public Safety and National Security, the discussions were reassuring, and we are working to increase resources to combat trafficking at our borders.

[The Deputy Speaker, Tom Kmiec]

Is the House ready for the question?

[Some hon. members]

Question.

[The Deputy Speaker, Tom Kmiec]

The question is on the motion.

If a member participating in person wishes that the motion be carried or carried on division, or if a member of a recognized party participating in person wishes to request a recorded division, I would invite them to rise and indicate it to the Chair.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I ask that it pass on division.