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

[Glen Motz, Conservative, Medicine Hat—Cardston—Warner, AB]

Mr. Speaker, this is an important piece of legislation. It would have a far-reaching impact, both positive and negative, if we get it wrong. We need to ensure that the committee is given as much time as it needs. This is not something that should be brushed over because of the urgency being pushed from the United States. Canadian rights and freedoms need to be protected, but we also need to have tools that do not hinder the ability of law enforcement to do its job in a lawful manner and to keep our national security and community safety at the forefront.

[Jeremy Patzer, Conservative, Swift Current—Grasslands—Kindersley, SK]

Mr. Speaker, I know my colleague obviously has a background in law enforcement.

If the bill goes through as the Liberals intend it to, with a Canada Post worker opening mail and discovering drugs, what kind of a weird position would that put a Canada Post worker in, as opposed to a law enforcement officer in that situation?

[Glen Motz, Conservative, Medicine Hat—Cardston—Warner, AB]

Mr. Speaker, I had the same fright when I saw the government's initial proposal to have Canada Post deal with the confiscation of firearms. It is not appropriate. Canada Post has an obligation. I appreciate the fact that we need to adjust the Canada Post act to even allow for law enforcement to be able to obtain a warrant to gather and seize evidence, but it needs to be law enforcement, not Canada Post individuals.

[Leah Gazan, NDP, Winnipeg Centre, MB]

Mr. Speaker, does my hon. colleague believe the bill violates the Canadian Constitution and violates sections of the Charter of Rights and Freedoms, yes or no?

[Glen Motz, Conservative, Medicine Hat—Cardston—Warner, AB]

Mr. Speaker, that is a very loaded question that is going to require a lot of time to answer.

In its present form, I believe that unless the proper clarity and checks and balances are put in place, the bill would have the potential to reach beyond its initial intent, to reach beyond the ability to keep our nation safe and Canadians safe. It has potential. That is why we need to study it at committee. That is why we need to have vigorous debate. That is why we need to have all parties, the government included, open to constructive amendments that would make the bill strong and actually achieve the measures that we intend it to.

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

Mr. Speaker, I would like to talk about a few things that the bill fails to address, which are fentanyl sentencing, gun crimes and bail reform.

I would like to start by sharing some alarming facts. According to Health Canada's latest figures, there was a total of 49,105 apparent opioid toxicity deaths reported between January 2016 and June 2024. Of all accidental apparent opioid toxicity deaths from January to June 2024, 79% involved fentanyl. The percentage has increased by 39% since 2016 when national surveillance began. Fentanyl and its analogs were involved in 33% of opioid-related poisoning emergency department visits from January to June 2024. The percentage of all opioid-related poisoning emergency department visits that involved fentanyl and its analogs has increased by 106% since 2018 when national surveillance began.

The Washington Post reported in December 2023 that fentanyl super labs in Canada are producing mass amounts of the drug. The super labs that police are finding in Canada differ because they are synthesizing the drug, not simply pressing pills, using precursor chemicals sourced primarily from China.

In August 2023, the Hamilton Police Service, the OPP, York Regional Police and the Toronto Police Service shut down a number of fentanyl labs in various areas between the GTA and Hamilton. This included two different labs and 25.6 kilograms of fentanyl. When the Liberals passed Bill C-5, they eliminated mandatory jail time for trafficking, producing, importing and exporting drugs like fentanyl. The current penalties in the Controlled Drugs and Substances Act are so weak that organized crime groups are not deterred at all. They simply view them as a cost of doing business.

Conservatives want tougher sentencing measures to ensure that those who mass-produce and traffic fentanyl in mass quantities serve a mandatory life sentence, as murderers do right now. The DEA found that just two milligrams of fentanyl can cause an overdose that leads to death. Producing fentanyl in mass quantities should be treated the same. In June, in my city of Hamilton, police executed a warrant and not only found an illegal handgun, surprise, surprise, but also seized 35 grams of fentanyl. If it had been in its pure, uncut form, that amount could have taken the lives of 17,000 people. Hamiltonians deserve to be protected from those who wish to wreak havoc and take the lives of others. We have had enough.

The second issue Bill C-2 does not address is violent firearms offences. In Hamilton alone, there have been 86 shootings in the last 20 months. On April 17, an international student studying at Mohawk College was shot and killed by a stray bullet while simply waiting for the bus. On July 17, in broad daylight and at the intersection of one of the busiest business districts during a popular street festival in Hamilton, an innocent 26-year-old refugee from Ghana was murdered by a 17-year-old drive-by shooter.

On July 29, in my hometown of Stoney Creek, two separate shootings took place just minutes apart, one of which occurred mere steps from one of our local councillors. On August 30, three people were injured after a gunfight broke out in downtown Hamilton. People ran for their lives as 80 shots were fired. Clearly, if the Liberal government opened its eyes, it would see that Canada is in desperate need of reform for violent firearms offences. How many more innocent bystanders need to be murdered in cold blood for the government to wake up and reverse course? Firearms crime is up 130%.

The statistics speak for themselves, and even though this number has increased for nine consecutive years, the Liberals repealed mandatory prison time for the following: using a firearm or imitation firearm in the commission of an offence, possession of a firearm or weapon knowing its possession is unauthorized, possession of a prohibited or restricted firearm with ammunition, extortion with a firearm and robbery with a firearm. As I said, the Liberals repealed the mandatory minimum sentences for these crimes.

The third issue that Bill C-2 does not address is bail reform. In 2019, the Liberals introduced Bill C-75, which requires judges to prioritize releasing an accused person at the earliest opportunity and on the least onerous conditions. Why are we not prioritizing the victim or the safety of law-abiding citizens?

A Hamilton individual was released on bail after a string of armed robberies this spring. He has now fled his residence, and the police have completely lost his whereabouts. Conservatives are calling for jail, not bail. The Liberals' soft-on-crime policies have put Canadians in danger. For example, total violent crime is up 50%, total homicides are up 28%, auto theft is up 45%, human trafficking is up 83% and total sexual assaults are up almost 75%.

The Hamilton Police Service had to release a statement of warning to the public after a 22-year-old repeat violent sexual offender was released on bail. This individual forcibly entered the home of a 72-year-old Hamilton woman and sexually assaulted her for one hour. Through DNA findings, he was later connected to a 2022 and 2023 sexual assault claim. Why was he let out on bail?

Bailey McCourt, a young mother we heard about earlier today, was murdered by her ex-husband just hours after he was released on bail for assault. My constituents and I lose sleep at night thinking about how insanely off path this country has gone in terms of protecting its citizens. The statistics are right in front of the government's face. Crime is on the rise, but despite the facts and figures, the Liberal government has repealed and softened its sentencing and bail measures. It is appalling and completely unacceptable and it must change.

The most disturbing statistic to me is that total sexual violations against children are up 120%. A 25-year-old man from Welland, not far from my riding and in my colleague's riding, got an early release from jail in March after serving time for sexually assaulting a 12-year-old boy. Five months later, he forcibly entered a home and sexually assaulted a three-year-old girl. As a father of young children, I am haunted by these stories and these statistics. I can only hope that the Liberals understand that we must protect the innocence of children at all costs.

[John-Paul Danko, Liberal, Hamilton West—Ancaster—Dundas, ON]

Mr. Speaker, Bill C-2 is a border security act, and we have heard repeatedly that bail reform and federal sentencing reform are pending.

To go back to Bill C-2 and border security, I have had meetings with Hamilton police in my role as an MP and in my former role as a city councillor. The Minister of Public Safety, Minister Anandasangaree, was in Hamilton this summer to discuss Bill—

[The Assistant Deputy Speaker, John Nater]

The member for Winnipeg Centre is rising on a point of order. I believe I know what it is, but go ahead.

[Leah Gazan, NDP, Winnipeg Centre, MB]

Mr. Speaker, it is about that, but also, I cannot hear because there are members in the House chit-chatting. I am wondering if they could take it to the lobby so we can hear the debate.

[The Assistant Deputy Speaker, John Nater]

I thank the member for that. We will try to keep the noise down, and I remind the member not to use the proper names of ministers.

The hon. member.

[John-Paul Danko, Liberal, Hamilton West—Ancaster—Dundas, ON]

Mr. Speaker, the minister was in Hamilton. The police are very supportive of this act and the tools involved in it. I am wondering if the member could comment on some of his discussions with the police.

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

Mr. Speaker, I know my colleague's heart is in the right place concerning the words I just spoke. I have also talked to the chief of police and other police officers, and they are calling for bail reform.

Specifically to Bill C-2, I am here to touch on things that I believe should be included. Through my discussions with Hamilton police, I know they believe that the bail system is broken. In the spirit of collaboration, we do agree on part 1, part 2 and part 3, and hopefully as this moves along, we can collaborate on other parts. I hope that the Liberals can see my concerns and consider them in the spirit of good faith.

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

Mr. Speaker, we can all agree that this is a rather lengthy bill. It is no less than 130 pages long and affects around 15 acts and a number of departments. We are going to have to do an extremely thorough job.

There is one thing I have not heard my Conservative friends talk about as much. My colleague could surely enlighten me on their concerns, their understanding or their position when it comes to parts 6 to 9 of Bill C‑2, the parts regarding immigration laws. I would like to know the Conservative Party's position on the immigration aspect of Bill C‑2.

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

Mr. Speaker, yes, it is a thick bill, and it will be moved along. As I have said, we do agree with some parts of the bill.

Specifically, we have some issues with part 6 and part 9 that will hopefully be hashed out in committee, but again, I want to revert back to fentanyl, bail reform and gun crime. These are specific to me and my riding of Hamilton, and I would love to see these incorporated into Bill C-2 in some way as we move along. As some colleagues on the other side said, we need to work together, so hopefully they will take my words in good faith and co-operation and input them as this bill moves along.

[Rhonda Kirkland, Conservative, Oshawa, ON]

Mr. Speaker, the member touches on something that is very close to my heart as well, and that is bail reform. We keep hearing members opposite saying that it is coming and it is pending. It has been six and a half years since they presented bail reform in Bill C-75, and my colleague mentioned it rewrote the rules so that judges are instructed to let offenders out at the earliest opportunity and under the least onerous conditions.

This was a deliberate Liberal policy. It was not an accident. They deliberately wrote that in the bill, and for six and a half years, people have died and women have been raped and abused. This has happened over and over again in six and a half years. The Liberals are accountable for it.

What does the member have to say about that?