Border, Immigration, and Policing Powers Overhaul

Summary#

This federal bill, the Strong Borders Act, makes wide changes to border security, policing tools, immigration, anti‑money laundering (AML), mail inspection, coast guard roles, and lawful access to digital data. Many parts give new powers to ministers, agencies, and courts; several create new offences and higher penalties. Some sections take effect on fixed dates; others depend on future regulations or orders.

• Border facilities must give the Canada Border Services Agency (CBSA) space for free and CBSA gets access to export goods at more locations (Part 1).
• Health can fast‑track listing of drug precursors; police exemptions for undercover drug investigations are confirmed (Parts 2–3).
• Canada Post may open letters on reasonable suspicion and must follow Act‑based seizure rules (Part 4).
• Immigration rules change for data sharing, asylum processing, new ineligibility grounds, and Orders in Council to pause, end, or change application processing and documents (Parts 6–9).
• AML rules expand: larger penalties, mandatory compliance agreements and orders, new enrollment with FINTRAC, ban most third‑party cash deposits, and ban $10,000+ cash payments/donations for most businesses and charities (Parts 10–11).
• New powers let police and CSIS obtain “subscriber information” and other data faster; a new Act requires electronic service providers to assist, without creating “systemic vulnerabilities” (Parts 14–15).
• FINTRAC‑covered entities may collect and use personal information without consent when provided by police/government for AML/terrorism financing/sanctions purposes (Part 16).

What it means for you#

• Households and consumers

  • Cash limits: Most businesses, professionals, and charities cannot accept cash payments or donations of $10,000 or more in a single or linked set of transactions; violations can be fined up to 3 times the amount on indictment (Part 11).
  • Mail: Canada Post may open letters if it has reasonable grounds to suspect prohibited contents (Part 4).
  • Border and travel: CBSA gains access to export goods at warehouses and transport points (Part 1). Sex offender travel data can be shared by CBSA with police; sex offenders face tighter reporting (Part 13).

• Workers and service users

  • Refugee claimants: New ineligibility if you entered Canada after June 24, 2020 and file a claim more than 1 year after entry, or if you crossed the U.S. land border between ports of entry and miss the regulatory time limit (Part 9). Some claims can be deemed abandoned before referral if required documents or exams are missed; proceedings are paused if the person is outside Canada (Part 7).
  • Minors and persons unable to appreciate proceedings: A representative must be designated in prescribed situations outside the IRB divisions (Part 7).

• Businesses and non‑profits

  • AML compliance: Many entities must enroll with FINTRAC, maintain risk‑based programs, and face higher administrative penalties up to $20,000,000 (entities) for prescribed violations, and up to $30,000,000 for violating a FINTRAC compliance order (Part 10). Publication of serious violations is required (Part 10).
  • Cash handling: Banks and similar entities are largely exempt, but most other businesses and charities must refuse $10,000+ cash payments/donations and cannot accept most third‑party cash deposits into accounts (Part 11).
  • Electronic service providers: You may be ordered to build or operate technical capabilities to assist lawful access; the Minister can set timelines and may offer compensation; no need to create or keep “systemic vulnerabilities” (Part 15).
  • Postal users: More items can be detained or opened where an Act allows; unauthorized opening remains an offence (Part 4).

• Financial institutions and payment firms

  • Enrollment and oversight: New enrollment regime with FINTRAC, revocation for unpaid penalties, expanded sharing with the Commissioner of Canada Elections, tougher offence fines (up to $20,000,000 for some offences) and extended limitation periods (Part 10; Part 12).
  • Third‑party cash deposits largely prohibited; record‑keeping and reporting obligations broadened (Parts 10–11).

• Local governments, police, and federal agencies

  • Coast Guard: Explicit security role, including patrols and the collection, analysis, and disclosure of information or intelligence (Part 5).
  • Police and CSIS: Faster access to “subscriber information,” tracking/transmission data, emergency tools, and cross‑border data requests; clear rules for voluntary disclosures; production orders can cover unknown but similar devices; warrants for computer data clarified (Part 14).
  • Undercover operations: Police/military police can be exempt from certain Criminal Code drug‑related inchoate offences during lawful investigations; prior regulations are validated (Part 3).

• Owners/operators of ports of entry

  • Bridges, tunnels, railways, airports, wharves, and docks that handle international traffic must provide and maintain CBSA facilities free of charge; transitional clauses bar lawsuits for past reimbursements (Part 1).

Expenses#

• Estimated net cost: Data unavailable.

• Key points

  • No official fiscal note provided. The bill authorizes actions that may create federal costs (e.g., CBSA operations, FINTRAC enrollment system, CSIS/policing data processes, Coast Guard security functions) and allows ministerial compensation to electronic service providers to offset compliance costs (Part 15, “Discretionary compensation”). Exact amounts depend on future regulations and orders. Data unavailable.
  • Potential revenues from higher administrative monetary penalties and fines are uncertain and depend on enforcement (Parts 10–11). Data unavailable.
  • Private cost shifts:
    • Owners/operators of international transport facilities must provide CBSA space free of charge (Part 1).
    • Electronic service providers may face build/operate costs for lawful access capabilities; compensation is discretionary (Part 15).
    • Businesses/charities may incur compliance costs to change cash‑handling and AML processes (Parts 10–11).

Proponents' View#

• Stronger AML enforcement will deter crime by raising penalties to up to $20,000,000 for entities (prescribed violations) and up to $30,000,000 for violating a FINTRAC compliance order; bans on most $10,000+ cash payments and third‑party cash deposits close laundering channels (Parts 10–11).
• Faster control of drug precursors (temporary scheduling with set dates) helps disrupt illicit fentanyl and related production; initial listings include phenethyl bromide, propionic anhydride, benzyl chloride, and carisoprodol (Part 2; Schedule 1).
• Clearer, quicker digital evidence tools (information demands, subscriber information orders, emergency access) speed investigations while protecting encryption by barring requirements to introduce “systemic vulnerabilities” (Parts 14–15).
• Border and mail measures improve interdiction: CBSA access to export goods and Canada Post authority to open letters on reasonable suspicion (Parts 1 and 4).
• Immigration changes aim to reduce backlogs and discourage late or irregular asylum claims, while allowing representation for minors and those unable to appreciate proceedings; proceedings pause if the claimant is outside Canada (Parts 7–9).
• The Coast Guard’s explicit security role improves maritime domain awareness and coordination (Part 5).

Opponents' View#

• Privacy and civil liberties: Expanded powers to demand information from service providers, broader sharing by IRCC/CBSA/FINTRAC, and collection and use of personal information without consent for AML raise risks of over‑collection, weak transparency, and misuse (Parts 6, 10, 14–16).
• Due process and refugee protection: Allowing pre‑referral abandonment, ministerial withdrawal determinations, and new ineligibility based on timing and irregular entry may bar bona fide claims and increase refoulement risk; several steps rely on ministerial discretion and are hard to challenge quickly (Parts 7–9).
• Business burden and uncertainty: Electronic service providers may face significant build and maintenance costs to support lawful access; compensation is discretionary, orders can be extended, and confidentiality rules limit public accountability (Part 15).
• Economic impacts on cash‑reliant communities and charities: The $10,000 cash ban and third‑party deposit limits may exclude unbanked people and increase fees from alternative payment methods; compliance errors carry very high penalties (Part 11; Part 10).
• Cost shifts to infrastructure owners: Requiring free CBSA facilities at international bridges, tunnels, airports, wharves, and docks could lead to higher tolls/fees or reduced investment (Part 1).
• Implementation risk: Many changes depend on future regulations (e.g., defining “core providers,” representation rules, application/document cancellation rules), creating uncertainty and uneven application across sectors (multiple Parts).