Strong Borders Act

Summary#

• The Strong Borders Act is a wide-ranging federal bill aimed at tightening border security, cracking down on money laundering and drug precursors, modernizing data access for police and intelligence, and changing parts of Canada’s immigration and asylum system.
• It also creates new duties for tech and telecom companies to help with lawful access to information, without forcing “back doors” that weaken encryption.

Key changes

• Border: CBSA gets free facilities at ports of entry; officers gain easier access to inspect goods destined for export.
• Drugs: Faster process to list drug precursors (like some fentanyl inputs) so they can be regulated quickly.
• Policing: Confirms that officers in lawful drug investigations can be exempted from certain “in-progress” drug offences (e.g., conspiracy) while undercover.
• Mail: Canada Post can open letters in specific risk cases; items in the mail can only be seized under an Act of Parliament.
• Coast Guard: Adds security patrols and the ability to collect, analyze, and share security information.
• Immigration/asylum: Removes the “designated countries” regime; adds new ineligibility rules (e.g., late asylum claims after entry); allows Cabinet to pause or stop processing certain immigration applications or cancel/suspend documents in the public interest.
• Anti–money laundering: Higher penalties, mandatory compliance agreements, required FINTRAC enrolment for more businesses, and new limits on cash.
• Cash: Banks and similar firms cannot take third‑party cash deposits; most businesses and charities cannot accept cash payments or donations of $10,000 or more.
• Lawful access to data: New tools to get “subscriber” and transmission data (not content) from service providers, and to request it from foreign telecoms; clarifies voluntary sharing; updates CSIS tools.
• Tech duties: A new Act requires certain electronic service providers to maintain capabilities to assist lawful access; orders can be issued case‑by‑case; no one can be forced to create a systemic security weakness.
• Sex offender registry: Expands what must be reported and allows CBSA to share border entry/exit data with police to help prevent or investigate sexual crimes.

What it means for you#

• Workers and travelers

  • More CBSA presence and inspections at border points and export sites.
  • If you are on the sex offender registry, your cross‑border travel times may be shared with police.

• People who mail or receive packages and letters

  • Canada Post may open letters in limited situations (for example, when it suspects prohibited or dangerous items). Seizures must follow a federal law.

• Refugee claimants and immigrants

  • The “designated countries of origin” list is gone.
  • Two new reasons can make claims ineligible: filing more than one year after entry (for those who entered after June 24, 2020) and filing late after irregular entry at the Canada–U.S. land border. The government can set exceptions by regulation.
  • Claims and appeals are paused if the person is not physically in Canada. A claim can be deemed abandoned before referral if you miss document deadlines or examinations.
  • Cabinet can, in the public interest, order pauses or stops to accepting or processing certain application types and can cancel, suspend, or vary certain visas or permits.

• Businesses and charities

  • You cannot accept cash payments or donations of $10,000 or more in a single deal or related deals (financial institutions and other prescribed exceptions apply).
  • Banks and similar entities cannot accept third‑party cash deposits into someone else’s account.
  • Many more entities must enrol with FINTRAC and meet tougher compliance duties; penalties go up sharply.

• Financial customers

  • Expect stricter ID checks and fewer options to deposit cash into another person’s account.
  • Large cash payments or donations must move to non‑cash methods (e.g., electronic, cheque).

• Tech, telecom, and online platforms

  • You may be named a “core provider” with obligations to build and maintain capabilities that let authorized investigators access information when the law allows.
  • The Minister can issue orders setting specific requirements and may compensate some costs. You cannot be forced to create a systemic vulnerability (no weakening of encryption by design).
  • You face inspections, confidentiality rules, and administrative penalties for non‑compliance.

• Internet and phone users

  • Police and CSIS get clearer, faster tools to request basic “subscriber” information and transmission data with a lower legal threshold than a search warrant for content. Non‑disclosure (gag) conditions can apply, with court review options.
  • Content of communications still requires higher legal thresholds (e.g., warrants).

Expenses#

• No publicly available information.

Proponents' View#

• Strengthens the border by allowing more timely inspections, export checks, and Coast Guard security work.
• Speeds up action against fentanyl and other drug precursors by letting Health add chemicals quickly.
• Modernizes tools for police and CSIS to get basic data fast, helping fight organized crime, child exploitation, and national security threats.
• Hits money laundering harder with higher penalties, mandatory remediation, and fewer big‑cash loopholes.
• Clarifies that tech firms must be able to assist lawful access, while protecting cybersecurity by banning orders that would create systemic vulnerabilities.
• Makes the asylum system faster and more predictable by setting clearer timelines and curbing very late claims.

Opponents' View#

• Expands government access to personal data: “information demands,” non‑disclosure conditions, and broader sharing may raise privacy and civil liberties concerns.
• Broad Cabinet powers to pause or stop immigration processing or cancel documents could be seen as sweeping and lacking oversight.
• New ineligibility rules (late claims and irregular entry timing) may deny protection to genuine refugees who need time to seek help or legal advice.
• Canada Post’s ability to open letters, and expanded data‑sharing across agencies, could be viewed as intrusive.
• Compliance costs and penalties for financial firms and tech providers may be heavy, especially for smaller players; these costs may be passed to consumers.
• Cash limits could burden unbanked people, rural communities, small businesses, and some charities that rely on cash.