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

[Some hon. members]

Oh, oh!

[Arpan Khanna, Conservative, Oxford, ON]

Mr. Speaker, they are heckling again. They are heckling because they cannot handle the truth. It is their fault and we are going to fix it.

[Ruby Sahota, Liberal, Secretary of State (Combatting Crime)]

Mr. Speaker, I want to start by sharing a recent experience I had when I went to a Canada Post mailing facility. The Liberal government, in 2019, was the first government ever to put scanners in place at our mailing and courier facilities. This has resulted in many weapons and drugs being seized that were coming into our country through the postal centre I went to. What our government did there was done at many ports as well, and we will continue to invest.

I am so happy to stand today to talk about Bill C-12, because this bill would strengthen Canada's immigration system and borders act. It is a crucial piece of legislation that would address the evolving and complex challenges of crime that our country faces. This bill is about protecting Canadians, securing our borders and equipping our law enforcement agencies with the modern tools they need to combat sophisticated criminal networks.

As hon. members will recall, this bill builds upon Bill C-2 and has been introduced so that we can accelerate key legislative changes. These changes are focused on four primary areas that would significantly bolster our fight against crime. Under Bill C-12, we would secure our borders against illicit goods, combat transnational organized crime, disrupt illicit financing and enhance information sharing between law enforcement agencies.

Our borders are the first line of defence against illegal goods and criminal activity. Bill C-12 introduces key amendments to the Customs Act that would modernize our border security framework. Under these amendments, the Canada Border Services Agency officers would be given new authority to access warehouses and transportation hubs to inspect goods that are being exported. This would close a critical gap in our enforcement and would prevent criminals from using Canada as a launching point for their illegal activities.

The Customs Act would be amended in order to obligate transporters and warehouse operators to provide access to their premises to allow for export inspections by CBSA officers. Furthermore, amendments would require owners and operators of certain ports of entry 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.

The bill would also further expand our maritime security. The Oceans Act would be amended to allow the Canadian Coast Guard to conduct security patrols and intelligence operations. This would strengthen our sovereignty and surveillance capabilities, particularly in remote regions like the Arctic, to better detect threats to our country.

Finally, Bill C-12 would further our efforts to tackle auto theft by targeting vulnerabilities in the export process. This bill would help curb the flow of stolen Canadian vehicles out of our country.

I forgot to mention at the beginning of my speech that I will be sharing my time with the member for Trois-Rivières.

International organized crime networks pose one of the most significant threats to public safety in Canada. Bill C-12 directly targets these groups in several ways.

First, it aims to stop the flow of fentanyl. The bill would amend the Controlled Drugs and Substances Act to accelerate the scheduling of precursor chemicals. This would give the Minister of Health the power to rapidly control chemicals used to produce illicit drugs, allowing law enforcement and border agencies to act swiftly and shut down illegal manufacturing.

Second, Bill C-12 includes measures that would disrupt illicit financing and money laundering. It would increase maximum penalties for violations of Canada's anti-money laundering and anti-terrorist financing regime. Money laundering supports and perpetuates criminal activity by allowing criminals, such as fentanyl traffickers, to benefit from their illicit activities. Strong and effective anti-money laundering controls are, therefore, a critical component of a secure Canada-U.S. border. This bill proposes a comprehensive set of amendments to help ensure businesses and professionals are effective in detecting and deterring the money laundering and organized criminal networks that support and perpetuate fentanyl trafficking and other economically motivated crimes.

Bill C-12 also aims to improve the capacity of law enforcement to respond to complex criminal challenges. It would enhance the RCMP's ability to share information on registered sex offenders with domestic and international law enforcement partners. Currently, registered Canadian sex offenders are required to report any international travel 14 days prior to their departure. Once reported, the RCMP conducts a risk assessment and provides notification to the destination country that the individual is travelling to, when warranted. As currently written, the threshold for sharing this information is high. Adjusting the legislative threshold would enhance the RCMP's ability to share this information with key law enforcement or government partners, including the United States, to prevent or investigate crimes of a sexual nature. Addressing these issues would strengthen the RCMP's ability to protect public safety both within Canada and abroad.

We owe it to Canadians to do all that we can to keep them and their families safe. The government has taken and continues to take action, and we know this legislation would help us to further reduce crime. Bill C-12 is a proactive response to modern crime, providing border agents and police with the tools they need to disrupt criminal networks. By passing this legislation, we will be strengthening our borders and protecting our communities.

[Ned Kuruc, Conservative, Hamilton East—Stoney Creek, ON]

Mr. Speaker, we have heard a lot from the Liberal speakers today. A simple question is whether they are talking to Canadians in their ridings or are they stuck in this echo chamber where they believe that by talking to themselves, they will find the answers.

I was in the member's riding yesterday and over 1,000 people from Brampton came out to the crime town hall, and they have had enough. They lined up out the door to give their testimonies and complaints. They are sick of extortion, guns, crime, drugs and fentanyl, as the member mentioned. All the Liberals have given us lip service.

Is the member actually speaking to people in her city?

[Ruby Sahota, Liberal, Brampton North—Caledon, ON]

Mr. Speaker, we brought forward several pieces of legislation that address crime. It is exactly because I am speaking to people in my community. I would ask the same of the member who was in Brampton the other day. One of the big issues we are seeing is organized crime committing extortions, home invasions and auto theft. This bill would help support those in law enforcement and give them the tools they need.

The reason we needed to amend the previous bill that was tabled is that the Conservatives fed into TikTok rumours and misinformation and did not allow us to bring forward lawful access, which would further help solve and investigate a lot of these serious crimes. That is what law enforcement is asking for.

[Gabriel Ste-Marie, Bloc, Joliette—Manawan, QC]

Mr. Speaker, in order for customs officers to be able to do their jobs properly, more officers need to be hired. The union says that the Canada Border Services Agency is short between 2,000 and 3,000 officers.

During the last election campaign, the Liberal Party platform said that it would hire 1,000 additional RCMP officers and 1,000 CBSA officers. The 1,000 RCMP officers were mentioned in the throne speech, but the 1,000 CBSA officers were not. Let me repeat that the union has said that it needs between 2,000 and 3,000 officers.

Will the government commit to hiring them?

[Ruby Sahota, Liberal, Brampton North—Caledon, ON]

Mr. Speaker, I have heard the union refer to this number. It is not a number that I was made aware of ahead of time. Of course, there are vacancies. We look forward and have every intention of filling vacancies for positions that are important. The 1,000 new officers would be above and beyond any current existing vacancies.

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

Mr. Speaker, to pick up on the question that was just posed, what I like about the legislation is that the new Prime Minister along with our new minister have done a fantastic job of presenting a comprehensive approach to dealing with the issue. I congratulate her on her appointment to cabinet. Not only do we have this legislation, but there are budgetary commitments for RCMP officers and border control officers.

Could she provide her perspective as to why it was important to have a holistic approach to deal with this critical issue?

[Ruby Sahota, Liberal, Brampton North—Caledon, ON]

Mr. Speaker, when I travelled throughout the summer talking to members of law enforcement across the country, they made it very clear that of course when we bring in new officers, those officers will need resources, tools and systems in place.

I was really happy to see the finance minister announce today that the upcoming budget will have further investments on cracking down on financing crime. That is very important. We are facing astronomical losses through cybercrime and crime in the finance sector. Those investments will be coming forward in the budget along with these investments for the new officers in the RCMP and CBSA.

[Jeff Kibble, Conservative, Cowichan—Malahat—Langford, BC]

Mr. Speaker, the member opposite mentioned security patrols and intelligence operations, yet the Coast Guard does not have the equipment and capability for that. It will take a significant amount of time for a cultural shift and to retrofit military-style equipment and systems.

Do the Liberals intend to equip and arm the Coast Guard to meet the mandate and tasking they are giving to it in this bill?

[Ruby Sahota, Liberal, Brampton North—Caledon, ON]

Mr. Speaker, absolutely. That was a great question. This government is in place to do things differently, to do big things. That is why we have historic investments at our border and in our defence capabilities. This is one part of that piece of the puzzle.

[Caroline Desrochers, Liberal, Parliamentary Secretary to the Minister of Housing and Infrastructure]

Mr. Speaker, before I begin, I would like to acknowledge that we are gathered on the traditional unceded territory of the Algonquin Anishinabe people.

I rise today to speak to how the legislative changes proposed in Bill C‑12 will continue to uphold our humanitarian tradition and due process, while focusing resources on those in need and improving confidence in our asylum system. Canadians expect a robust, efficient and responsive immigration system.

The changes we are proposing would strengthen and streamline Canada's asylum and immigration systems. They include new rules on which asylum seekers may be referred to the Immigration and Refugee Board of Canada, or IRB, as well as on how claims are received, processed and adjudicated.

Under this act, the federal government will no longer refer the following claims to the IRB: claims made more than a year after a person first arrived after June 24, 2020, and claims made 14 days or more after a person enters Canada illegally between border crossings.

The changes are intended to help protect our system from a sudden influx of applications, as well as from people who want to use the asylum system to extend their stay in Canada when other mechanisms fail. Let us be clear: Canada's asylum system is not a shortcut. We do not want to use this bill to turn away people who have a well-founded fear for their safety if they were returned to their country of origin. In these cases, applications would be referred to the removal process, which includes the possibility of requesting a pre-removal risk assessment, also known as a PRRA.

People can request a PRRA when they believe they have a well-founded fear of being returned to a situation where they would be exposed to persecution, torture or other serious harm, for example. This safeguard ensures that changes to our asylum system do not undermine our commitment to protecting the world's most vulnerable people.

The PRRA complies with Canada's obligations under international human rights and refugee conventions. It is a well-established mechanism that operates within a broader system today, offering individuals who are facing removal the opportunity to demonstrate that they would be at risk of persecution or harm if they were returned.

A request for a risk assessment may reveal information, such as conditions in their country of origin or personal circumstances, that makes their return dangerous. These may include, for example, political and economic upheavals, armed conflicts, or a country's changing social dynamics.

Similarly, personal circumstances, such as visibility in activism or family dynamics, can increase the risk of harm if these people return to their country. Risk assessments ensure that these factors are thoroughly examined before a removal order is issued. They are carried out by trained officers who carefully assess the credibility and significance of the evidence presented. It is a rigorous process, based on a thorough understanding of risk and refugee law.

The importance of such a process cannot be overstated. Without it, we would lack an essential safety net and there would be a risk of irreversible harm to individuals.

Canada's pre-removal risk assessment process gives people a fair opportunity to present evidence while ensuring that each case is reviewed thoroughly. This process is supported by a large amount of detailed data on conditions in the country and by agents trained to assess risk with a high degree of expertise and sensitivity to individual circumstances. This approach highlights the importance of the pre-removal risk assessment process in maintaining Canada's strong tradition of refugee protection.

The PRRA process also prevents legislative changes to our asylum system from inadvertently exposing people to harm. It is a safety net that lets decision-makers modernize and strengthen various aspects of our immigration framework, knowing that a loophole exists.

By simplifying initial asylum decisions, reducing backlogs and modernizing pathways to protection, the PRRA is an essential safeguard that gives us the confidence we need to innovate responsibly.

It is important to keep in mind that the PRRA is not a tool for delaying legal removals. Rather, it ensures that every individual is reviewed based on the most recent information and circumstances to take full account of any risks they face and to avoid putting anyone in danger.

All of us here in the House and in the Senate have a duty to ensure that Canada's immigration and asylum system mirrors our values of compassion and fairness, while meeting the needs of a changing global context and addressing the pressures confronting Canadians today.

The pre-removal risk assessment process reflects this balance. It reassures Canadians that, while we are taking urgent and necessary steps to strengthen our immigration system, we are doing so without compromising our commitment to protecting human life and dignity.

[Marc Dalton, Conservative, Pitt Meadows—Maple Ridge, BC]

Mr. Speaker, I just finished reading, over the past couple of hours, emails from people in my constituency, and elsewhere, who are concerned about their rights and freedoms being eroded. They are concerned that the bills the Liberals are bringing forward are being used to suppress their rights and also increase the power of the state. This was brought forward during the debate on Bill C‑2; Conservatives are also concerned about this bill.

Can the Liberal parliamentary secretary speak to the fact that law-abiding Canadians feel like they are being criminalized and that the Liberals are not standing up against real criminals?

[Caroline Desrochers, Liberal, Trois-Rivières, QC]

Mr. Speaker, perhaps my colleague could have taken the time to read Bill C‑12. We understand the situation very well, and we have been listening to Canadians. We took certain things out of the bill for the moment, things that require further consideration and study. This will result in a better thought-out and more thorough bill.

However, there are some things that Canadians expect us to put in place right away. That is what we are doing with this bill. Canadians expect our streets to be safer, our Coast Guard to have the responsibility it deserves and our immigration system to be used properly.

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

Mr. Speaker, I appreciate the comments from my colleague; they were well-thought out. The question I have for her is more about a process issue. A lot of the questions and comments we hear from the opposition, particularly from the Bloc, have been fairly supportive about wanting to have more dialogue on the issue. Going through second reading into committee, members are afforded all sorts of opportunities to ask questions, debate, listen to stakeholders and so forth.

Can the member provide her thoughts on how important it is that legislation of this nature actually passes through the system?