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

[Jacques Ramsay, Liberal, Parliamentary Secretary to the Minister of Public Safety]

Mr. Speaker, I was thrilled to hear my colleague's summary. He told us how Canada was built through big projects like the railway and the Trans-Canada Highway.

I am curious to know my colleague's reaction to the new high-speed rail project between Toronto and Montreal, and the economic boom it will generate. This is exactly the kind of thing he was telling us about.

[Gaétan Malette, Conservative, Kapuskasing—Timmins—Mushkegowuk, ON]

Mr. Speaker, I did indeed explain how Canada developed. That is the approach we must take in the future. No matter the project, the important thing is how we build our country. We did it once, but we need to build it again because right now, things are not going well.

[Maxime Blanchette-Joncas, Bloc, Rimouski—La Matapédia, QC]

Mr. Speaker, I thank my colleague. I really like the part in his speech when he said that French is not a secondary language in Canada. Quebec's motto is Je me souviens, or I remember. I would like to remind my colleague that it was the Conservative Party, under Stephen Harper, that appointed a unilingual anglophone auditor general, unilingual anglophone Supreme Court justices and a unilingual anglophone foreign affairs minister. I will give my colleague the benefit of the doubt. I hope that he will share the following good news with his anglophone colleagues. French is not secondary language in this beautiful, bilingual Canada.

The question I want to ask my colleague is the following. When the Harper government was in power, it planned to cut staff at the Canada Border Services Agency. The Conservative Party is currently in the opposition and wants to ensure border security and it wants more border officers. That was not one of its priorities when it was in government, but it is a priority now that it is in the opposition. Why?

[Gaétan Malette, Conservative, Kapuskasing—Timmins—Mushkegowuk, ON]

Mr. Speaker, first, I spoke about the situation in my riding, where French is a living language and 50% of the population works in both official languages.

Second, it is much more difficult to survive in our language outside of Quebec. What we have accomplished is extraordinary.

[Jason Groleau, Conservative, Beauce, QC]

Mr. Speaker, I commend my colleague from Kapuskasing—Timmins—Mushkegowuk.

In his wonderful speech, he spoke about agriculture in his region. This week, we have heard a lot about food inflation and the rising cost of housing.

When it comes to agriculture, I would like to ask my colleague what he thinks about improving our food sovereignty in Canada.

[Gaétan Malette, Conservative, Kapuskasing—Timmins—Mushkegowuk, ON]

Mr. Speaker, agriculture all but disappeared in my region during colonization, in the 1920s and 1930s and in the 1960s, 1970s and 1980s, but it is now making a comeback. The wonderful thing about this is that we are feeding ourselves. We have everything we need in my region.

The most important thing is the great clay belt. Agricultural experts are saying that this will be the next big agricultural region in Canada. That is great news for people in my riding. Along with the rest of Canada, we are able to feed our people.

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

Mr. Speaker, I wonder if the member could provide his thoughts on the bill itself. If the Conservatives wanted to show goodwill in dealing with and improving border security, along with other issues related to it, they could actually allow the bill to go to a committee, where it could be further debated and talked about, with amendments proposed.

If they do not want it to go to a committee right away, would he not agree that it may be advisable to share some of the possible amendments that the Conservatives have?

[Gaétan Malette, Conservative, Kapuskasing—Timmins—Mushkegowuk, ON]

Mr. Speaker, the only answer I have is that the problem was created by the Liberals. The intent of my speech today was to give Canadians confidence that we have a great country, with all the resources we need to survive and to be independent. I am speaking to them.

[Sukh Dhaliwal, Liberal, Surrey Newton, BC]

Mr. Speaker, as it is my first intervention with you being in the chair, I want to congratulate you and also the constituents of Perth—Wellington for electing you. I am very happy to have you in the chair.

I rise today to speak in support of Bill C-2, the strong borders act. This important bill would help keep Canadians safe by strengthening our borders, fighting organized crime and protecting the fairness of our immigration system. Our government is taking strong action to deal with serious challenges, such as drug smuggling, auto theft, money laundering, and abuse of our asylum and visa systems. We are also giving law enforcement and border officers more tools to stop these crimes.

Canada is a country that welcomes people from around the world. Immigrants and refugees have helped build our communities. As a proud immigrant myself, I know how important it is that our immigration system is fair, strong and trusted, but we also know that Canada's immigration system is under pressure. Global conflicts are bringing more people to our borders, and sometimes the system is being misused by those who are not truly in need of the protection that they claim. That is why Bill C-2 includes important changes to protect the integrity of our asylum system.

One of the key changes would be who can make a refugee claim in Canada. Going forward, international students and temporary foreign workers who have been in Canada for more than one year would not be able to claim asylum. Let me be clear. This is not a ban on asylum. People who truly need protection would still have access to a special review process before they were to be removed from Canada. If there were any risk of persecution or harm, Canada would not send them back. This change would stop people from staying in Canada for years as students or temporary workers and then trying to use the asylum system as a last option.

A refugee system must be used for those who need protection, not as a backup plan. These changes are fair, and they would help speed up the asylum process for individuals who need safety. They would also help us reduce backlogs and focus our resources on those who need it.

The bill would also improve how we share immigration information with provinces and territories so that all orders of government could better manage services and public safety. The strong borders act also targets immigration fraud and the abuse of our visa system. It would give our officers strong tools to catch fake documents and false claims. It would also help us go after criminals who take advantage of newcomers through fraud and exploitation. These actions are about fairness. They would protect the integrity of our system and the honest people who follow the rules.

Bill C-2 also includes new steps to fight crime, drugs and money laundering. We are investing $1.3 billion to help border officers stop stolen vehicles, seize illegal goods and improve inspections at rail yards and ports. This is the largest investment in border security in Canadian history. The bill would also give the Canadian Coast Guard a new role in keeping our coastlines secure in helping to stop smuggling at sea, protect our borders and work with police to fight organized crime.

We are also taking strong action to protect children by improving the way we share information about sex offenders with police in Canada and around the world. This would help stop child exploitation and trafficking.

We are cracking down on money laundering and terrorist financing. This would make it harder for criminals to hide their money and easier for police to get the financial information they need to stop crime. We are also limiting large cash deposits and banning third-party cash deposits to help prevent criminal activity.

One of the most serious threats facing Canada is the rise of lethal drugs such as fentanyl. This deadly drug is killing thousands of people across the country. That is why Bill C-2 would give new powers to law enforcement to stop the flow of chemicals used to make fentanyl. It would also allow officers to search suspicious packages in the mail, with a warrant, and shut down illegal drug operations more quickly. These actions would help save lives and make our communities safer.

As part of our effort to stop auto theft, the bill would allow border officers to access railways and shipping ports where many stolen cars are smuggled out of the country. This is a growing problem that affects many cities throughout Canada. These new powers would help us recover more stolen vehicles and break up international crime rings.

This bill is not only about stronger laws, but also about building a safer Canada, a Canada where people feel safe in their homes, in their workplaces and in their communities, a Canada where newcomers are welcomed but expected to follow the rules, a Canada where our immigration system is protected and our borders are secure. Canadians expect a strong, fair system that puts safety and honesty first.

We are keeping our doors open to people in need, but we are closing the doors to fraud, abuse and crime. Others may worry that this will hurt people who are vulnerable, but I want to be very clear. Canada's humanitarian efforts will remain strong. We will continue to protect those who are at risk, and our refugee system will continue to be fair and compassionate, but we must protect the system itself, so it can continue to serve those who truly need it.

The strong borders act is a smart, balanced and responsible plan. It would give our law enforcement and border officers the tools they need. It would protect our economy, our communities and our values. Most importantly, it would protect Canada's future.

I was talking to colleagues here in the House, and we heard support at a policing summit in B.C. in August for Bill C-2, because those are the people who are the first responders. We should be listening to the people who are there to save our lives and save our communities.

I urge all members across all political stripes in the House to join me in supporting Bill C-2. Let us stand together for safer communities, stronger borders and a fairer immigration system for all.

[Brad Vis, Conservative, Mission—Matsqui—Abbotsford, BC]

Mr. Speaker, I thank my colleague from Surrey Newton for outlining some of the key provisions in Bill C-2.

One aspect of the bill he did not touch upon is access to online data, the impact this would have on privacy regulations in Canada and the fundamental right that our party believes all Canadians have access to, which is a fundamental right to privacy. I believe this bill would undermine that fundamental right.

Does the member opposite agree that this bill would go too far in giving powers to authorities in respect to access to information?

[Sukh Dhaliwal, Liberal, Surrey Newton, BC]

Mr Speaker, if we listen to the experts, even organizations such as the Canadian Association of Chiefs of Police, they are telling us that they need these tools and resources to protect Canadians. There is nothing in this bill that would take rights or liberties away, but it would make sure that criminals are punished.

[Jean-Denis Garon, Bloc, Mirabel, QC]

Mr. Speaker, we are talking about border security. That is all well and good, but things have gotten to this point thanks to 10 years of Liberal neglect. Now, the people protecting the border, the customs officers, are telling us, through their union, that we could need up to 3,000 more officers at the border. Meanwhile, the government has promised 1,000. This was not even mentioned in the throne speech, and so far, not a single officer has been hired.

My question is twofold. First, I would like to know how it is that the Prime Minister has had time to announce funding for defence, to travel around the world four times and purchase submarines, but has not had time to hire the 2,000 to 3,000 officers needed. Second, I would like to know why the bill does not include any provisions allowing customs officers to patrol between border crossings, as requested by the community, along the longest demilitarized border in the world.

[Sukh Dhaliwal, Liberal, Surrey Newton, BC]

Mr. Speaker, I personally believe that the hon. member for Mirabel was talking about the Conservative government. When it was in power, it took 1,000 officers away from the job. In fact, it is the Liberal government that brought in 1,000 new law enforcement and CBSA officers to make sure our borders are protected with utmost urgency.

[Parm Bains, Liberal, Richmond East—Steveston, BC]

Mr. Speaker, I do not think there is a member in the House who does not have a story they can share from their community or who has not been touched by the issues of fentanyl, opioids and the flow of precursors. There is the Tablotney family in Richmond, who I had the opportunity to table a petition for, and they were asking for a sustainable, national ad campaign to raise awareness of this at all times. I have spoken to police officers who have shown us data of some of these chemicals they are finding on the street.

The member from Surrey Newton has been a strong advocate on public safety measures. Can he let us know what the pathway is to stop these precursors from coming into Canada?

[Sukh Dhaliwal, Liberal, Surrey Newton, BC]

Mr. Speaker, first of all, I want to thank the hon. member for Richmond East—Steveston for all the great work he does and the support he provides.

We need to make sure that British Columbians are safe when it comes to fentanyl. This is why we are bringing in Bill C-2, so that we are able to stop the flow of fentanyl across the border, and bringing in searching the mail and other options in this bill to stop it.