Bill C-2

Strong Borders Act

An Act respecting certain measures relating to the security of the border between Canada and the United States 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 Canada Post Corporation Act to permit the demand, seizure, detention or retention of anything in the course of post only in accordance with an Act of Parliament. It also amends that Act to expand the Canada Post Corporation’s authority to open mail in certain circumstances to include the authority to open letters.
Part 5 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 6 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 7 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 8 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 9 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 10 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 other Acts and the Proceeds of Crime (Money Laundering) and Terrorist Financing Administrative Monetary Penalties Regulations and includes transitional provisions.
Part 11 amends the Proceeds of Crime (Money Laundering) and Terrorist Financing Act to prohibit certain entities from accepting cash deposits from third parties and certain persons or entities from accepting cash payments, donations or deposits of $10,000 or more. It also makes a related amendment to the Proceeds of Crime (Money Laundering) and Terrorist Financing Administrative Monetary Penalties Regulations .
Part 12 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 13 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 .
Part 14 amends various Acts to modernize certain provisions respecting the timely gathering and production of data and information during an investigation. It, among other things,
(a) amends the Criminal Code to, among other things,
(i) facilitate access to basic information that will assist in the investigation of federal offences through an information demand or a judicial production order to persons who provide services to the public,
(ii) clarify the response time for production orders and the ability of peace officers and public officers to receive and act on certain information that is voluntarily provided to them and on certain information that is publicly available,
(iii) specify certain circumstances in which peace officers and public officers may obtain evidence, including subscriber information, in exigent circumstances,
(iv) allow a justice or judge to authorize, in a warrant, a peace officer or public officer to obtain tracking data or transmission data that relates to any thing that is similar to a thing in relation to which data is authorized to be obtained under the warrant and that is unknown at the time the warrant is issued,
(v) provide and clarify authorities by which computer data may be examined, and
(vi) allow a justice or judge to authorize a peace officer or public officer to make a request to a foreign entity that provides telecommunications services to the public to produce transmission data or subscriber information that is in its possession or control;
(b) makes a consequential amendment to the Foreign Publishers Advertising Services Act ;
(c) amends the Mutual Legal Assistance in Criminal Matters Act to allow the Minister of Justice to authorize a competent authority to make arrangements for the enforcement of a decision made by an authority of a state or entity that is empowered to compel the production of transmission data or subscriber information that is in the possession or control of a person in Canada;
(d) amends the Canadian Security Intelligence Service Act to, among other things,
(i) facilitate access to basic information that will assist the Canadian Security Intelligence Service in the performance of its duties and functions under section 12 or 16 of that Act through information demands given to persons or entities that provide services to the public and judicial information orders against such persons and entities, and
(ii) clarify the response time for production orders; and
(e) amends the Controlled Drugs and Substances Act and the Cannabis Act to provide and clarify authorities by which computer data may be examined.
Part 15 enacts the Supporting Authorized Access to Information Act . That Act establishes a framework for ensuring that electronic service providers can facilitate the exercise, by authorized persons, of authorities to access information conferred under the Criminal Code or the Canadian Security Intelligence Service Act .
Part 16 amends the Proceeds of Crime (Money Laundering) and Terrorist Financing Act to permit a person or entity referred to in section 5 of that Act to collect and use an individual’s personal information without that individual’s knowledge or consent if
(a) the information is disclosed to the person or entity by a government department, institution or agency or law enforcement agency; and
(b) the collection and use are for the purposes of detecting or deterring money laundering, terrorist activity financing or sanctions evasion or for a consistent purpose.
It also makes related amendments to the Personal Information Protection and Electronic Documents Act .

Strong Borders Act

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

Mr. Speaker, what a pleasure it is to rise and speak again about the importance of Bill C-2. This is a continuation of sorts.

I think it is really important for us to recognize that Bill C-2 is a very important piece of legislation. We have had discussions not necessarily on Bill C-2, but on the issues. The primary purpose of Bill C-2 is to address many of the concerns that were raised in the last election.

I think it is important that we take a more holistic approach in dealing with what has been the number one issue for the Prime Minister and, in fact, the entire Liberal caucus. I have had an opportunity to expand upon that at great length in the last few days by taking a look at Bill C-2, Bill C-5 and what the Prime Minister has been doing virtually since April 28. To give that kind of perspective allows members to get a better understanding as to why this legislation is so important for all Canadians.

It is interesting. The Canadian Police Association has come onside, indicating that it strongly supports the legislation. That says something in itself. The other thing I would emphasize and amplify at the beginning is that Liberals are very much concerned about individual rights. In fact, it was a Liberal government that brought in the Charter of Rights. The issue of privacy is something we take very seriously, but we also want to deal with the issues that Canadians asked us to deal with specifically during the last election. Bill C-2 does that.

Let us reverse this a bit. We have the Prime Minister talking about building one Canadian economy. Where that comes from is that during the election, Canadians were concerned about Donald Trump, the tariffs and trade. Members will recall that the criticism being levelled by the President of the United States toward Canada was about the issue of fentanyl, of our borders not being secure. I remember late last year talking about how Canada has a strong healthy border. At the end of the day, the Conservatives constantly criticized the border and the efforts of the government to try to explain that we had strength within our borders.

Contrast that with Pierre Poilievre when he sat in cabinet. I have made reference to this in the past. When we talk about the border, this is the first thing that comes to mind for anyone who knows any parliamentary history over the last 20 years. When he sat in cabinet, Pierre Poilievre was part of a government that cut support to Canada's border security, hundreds of millions of dollars and hundreds of personnel.

Contrast that with the previous Justin Trudeau administration, when we saw an enhancement of border control. At the end of the day, we needed to at least deal with the issues—

[An hon. member]

An enhancement of food bank use.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

—by ultimately, to use one of the words the member is saying, enhancing our border security to make it even stronger. That is what Bill C-2 does. It addresses an issue that was an irritant, if I can put it that way, to Donald Trump.

A number of measures were put into place. Under the new Prime Minister and the new administration, we have seen a tangible investment of $1.3 billion, a commitment of 1,000 new CBSA personnel and 1,000 additional RCMP officers. This is a tangible commitment from a budgetary measure, and it will make a difference. It addresses many concerns, providing the types of supports that are necessary, the physical supports of personnel. Extend that to what we have today: substantial legislation to complement the budgetary allotment of $1.3 billion as an investment in providing safe and secure borders.

When I say we have to take a look at it from a bigger picture, it is all part of addressing concerns that Stephen Harper failed to deal with completely when Pierre Poilievre was around the cabinet table and the Conservative caucus, and improving upon the previous administration of Justin Trudeau. What we have now before us through this legislation is yet another aspect of building a stronger and healthier country.

The Prime Minister often talks about having the strongest country economically in the G7. This is part of that. One just needs to take a look at the highly successful G7 conference we just had, which I believe the Prime Minister handled exceptionally well. At the end of the day, we were able to talk about some of the measures that we have taken to address some of the shortcomings from the past. Support for our borders is one of them, and the military investment is another one. For how many years were we being challenged to provide military support?

All of this is important because when we are sitting at the table, it is from the point of view of strength. We can say that we have beefed up our borders by investing $1.3 billion, introduced substantial legislation and met the United Nations's 2% GDP requirement. Issues have been raised in the past that reflect what Canada has: our natural resources and commodities and the people of Canada. We are coming from a very strong background going to the table.

That is why I believe Bill C-2 is very important. It is not just about national security. It builds upon the bigger picture of having a stronger, healthier economy in general.

We can take a look at some of the specifics. I made reference to the fact that the National Police Association supports the legislation, and there is a very good reason it is doing that. It is because these actions demonstrate to our local, domestic and international partners that we take our borders seriously and want to start dealing in a more tangible way with things such as fentanyl, auto theft, human trafficking, irregular migration and transnational organized crime. These are very important issues.

We have an administration that is very focused on and putting a great deal of energy into dealing with those issues. I look forward to this legislation passing and going to committee. I know there are people who have concerns. At the end of the day, some of that concern comes from, I would suggest, misinformation from the Conservative Party.

The best example I could give of that is something that was referenced when the bill was first brought in. I was listening to comments by members of the Conservative Party, who were saying that this legislation would allow the police and letter carriers to open up people's mail, to open any letter they want to. Most Canadians would be very surprised to find out that law enforcement agencies do not have the authority to even get a warrant to open a letter in transit. For the very first time, through this legislation, a law enforcement officer, through a general warrant that has been justified, would be able to open a letter, when it is warranted. I do not see that as an invasion of privacy, because it has to go through checks and balances and a process to protect the individual's privacy, yet it would make a substantial difference.

Imagine if anyone could put fentanyl into an envelope and mail it anywhere in the country. Under the current system, the police or a law enforcement officer could do nothing about it. Once it arrives, yes, they could, but not while it is in transit between destinations. I think most Canadians would be very surprised to hear that. Contrary to the misinformation we witnessed the other day when the Conservatives were talking about the legislation, it is not a free-for-all. Letters are still going to be confidential. It would not be a violation of privacy, but we need to protect people. There are communities in Canada that are very concerned about mail going to their communities, the illegal things that are put into envelopes. It is a legitimate concern.

We hear a lot about extortion. Last Saturday evening, I was sitting in a house on Sanderson Avenue and individuals were sharing with me stories of serious extortion. That has been raised in the House. Again, this legislation would enable additional tools for law enforcement agencies to do more in combatting extortion, child abuse or child pornography. It would allow more work to be done on the money-laundering file and other types of illegal money transactions. The legislation would allow for more communications with immigration and refugees. It would enable provinces, territories and Ottawa to do more in terms of sharing information. Canada, thinking internationally, is one of the Five Eyes countries, which allows us to share more information through different agencies. I see this as a very healthy positive.

For the individuals who really want to see a stronger and healthier border where Canadians will be protected more and where we can protect the integrity of our immigration system even more, dealing with asylum and things of that nature, this is good legislation. I look forward to the Conservatives recognizing that and allowing the legislation to go to committee at some point.

[Frank Caputo, Conservative, Kamloops—Thompson—Nicola, BC]

Mr. Speaker, it is always a pleasure to rise on behalf of the people of Kamloops—Thompson—Nicola. Before I begin, I want to give a shout-out to somebody who helped me tremendously on my re-election campaign. I am grateful for Jesus Bondo's help.

I have to say this. I said this a couple of days ago and nothing changes.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

You say that all the time, Frank.

[Frank Caputo, Conservative, Kamloops—Thompson—Nicola, BC]

Now the member from Winnipeg is heckling me.

Mr. Speaker, the member is here doing a 20-minute speech. For those watching at home, we often divide our time into 10-minute speeches. He is doing a 20-minute speech while Liberals are either watching him or looking down. There are other Liberals who I am sure are all very capable. I have heard some of them speak, and yet today, crickets. I almost invite them to put up their hand and say, “Yes, I would love to speak”, and I would seek unanimous consent to have them speak.

Why is it that on such an important bill, the member gets up, gives the speeches and asks all the questions? What is with the Liberal Party today that only he gets to talk on behalf of it?

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I heard the member opposite heckling me for the first five to 10 minutes of my comments. I think the member, more than anyone else, does not necessarily like to hear the truth. When it comes to truth and transparency, I am always happy to talk about the many things this government has been doing. There are many members of the Liberal caucus who have stood up and added value to the discussions and the debate. For some reason, the member seems to be offended if I decide to stand up on behalf of my caucus or my constituents to share some thoughts. He has the option: He does not have to stay in the chamber if he does not want to hear what we have to say.

[Alexis Brunelle-Duceppe, Bloc, Lac-Saint-Jean, QC]

Mr. Speaker, I will begin by saying that I am very pleased to see you in the Speaker's chair. However, I must also say that I would have liked to see you take part in today's debate in your former role as immigration critic. I would have liked to see someone as thorough as you participate in the debate on a bill of this nature.

The Liberals are concerned about borders. Finally. After 10 years, they are finally realizing that the refugee system is not working. They would not have introduced such a bill otherwise. This is obviously a step in the right direction. However, it will take time. This bill is 130 pages long, amends some 15 laws and affects at least three departments. It is going to take work, and the government will not be invoking closure.

However, there are things that can be done now, at the administrative level, as requested by the union representing border service officers. We could allow officers to patrol outside border crossings, as they are requesting. Is this a solution that could be considered?

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, within the legislation, we will see border control agents being able to go to a warehouse and have access to it so they can inspect. There are some very progressive measures within this legislation that border control officers are no doubt very pleased about.

I think it is a holistic approach to dealing with a number of very serious issues. That is the reason why I am anticipating that, at some point, it will go to committee and we will get all sorts of presentations. If history has anything to do with it, we will see a government that is very open to ideas and thoughts in terms of how the legislation might be improved.

[Jenny Kwan, NDP, Vancouver East, BC]

Mr. Speaker, Bill C-2 would give unprecedented powers, without judicial review or a warrant, to the RCMP or CSIS to access information or demand information from any service provider in the country. It does not matter if it is someone's doctor, dentist, landlord, bank or psychiatrist. It does not matter who it is. They can demand information about when someone went to see them and for how long they have seen them. This has nothing to do with border security.

How could the member possibly defend this violation of Canadians' privacy?

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I think that within the legislation we will find that the need to share and have access to information between departments and between agencies is something that is in fact necessary. To imply that there is no sense of accountability, or that individuals' rights and privacy would be violated, is premature at best. I think the member should read the legislation more thoroughly and not necessarily buy into everything that the members of her caucus might be espousing at this point in time.

Give the legislation a chance. We look forward to the presentations that might be made.

[Abdelhaq Sari, Liberal, Bourassa, QC]

Mr. Speaker, I thank my colleague for his speech. His explanations were truly comprehensive and he presented some very interesting ideas. It is a very interesting and different angle from what can be gleaned from the cursory reading that the opposition obviously did.

I have a very clear question for my colleague. We know that there is a major fentanyl crisis going on. Public safety and any other organizations tasked with dealing with this crisis really need to target precursor chemicals, including the components of fentanyl.

Can he elaborate on this or tell us where to find this information? How can we target the precursors that can be used to make fentanyl?

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I think it is important that within the legislation, there is a serious attempt to clamp down on clandestine drug production by stopping the flow of precursor chemicals that are used to make fentanyl. That is why I try to amplify the fact that we need to take a holistic approach, and if we do that, there are all sorts of things within the legislation that are there to protect Canadians. A lot of the fentanyl is being imported into the country in different forms, and the legislation would deal with that.

[Frank Caputo, Conservative, Kamloops—Thompson—Nicola, BC]

Mr. Speaker, it is always a pleasure to rise on behalf of the people from Kamloops—Thompson—Nicola. Before I begin, I want to give a shout-out to someone who helped with my campaign: Zach Brubacher. I thank him very much for everything.

The member said last time during debate, one of the many times he spoke, or perhaps it was in a heckle, I am not sure, that Canada Post could not open our mail under this legislation without a warrant, so I am going to read him the provision, and perhaps he wants to retract that. This is at page 12 of the bill, proposed subsection 41(1): “The Corporation may open any mail if it has reasonable grounds to suspect that”.

Members will note that this would not be judicially authorized; there would be no production order and there would be no warrant, so perhaps the member would like to clarify the record here, because he has been telling people that Canada Post would need a warrant. It is not even the RCMP or a peace officer. Would he like to clarify the record on this important point, please?

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, let us flash back to the day the member is referring to. We had Conservative member after Conservative member giving the false impression that mail would be easily violated by a letter carrier or someone sorting at the mail office and so forth.

It is all part of that fear factor that the Conservatives like to do. The reality is that it is not as simple as the Conservative Party tries to portray it. There are checks that are put into place to ensure that the privacy of the individual is there. The legislation would enable a law enforcement officer to get a general warrant so they can actually open a letter while it is between destinations.