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Strengthening Canada's Immigration System and Borders Act

Full Title: An Act respecting certain measures relating to the security of Canada's borders and the integrity of the Canadian immigration system and respecting other related security measures

Summary#

This bill changes border, immigration, policing, drug control, financial crime rules, coast guard duties, and sex‑offender reporting. It gives new powers to federal ministers and agencies, adjusts refugee claim rules, raises anti‑money‑laundering penalties, and adds information‑sharing tools across governments. Some parts take effect right after royal assent; many start later by order in council.

  • Border owners must provide CBSA facilities at no charge; CBSA gets broader access to export goods (Part 1).
  • Health Minister can fast‑track controls on drug precursors; police get clearer exemptions for undercover drug cases (Parts 2–3; Schedule).
  • Coast Guard’s role adds “security,” including collecting and sharing intelligence (Part 4).
  • IRCC can share personal information within the department and with other governments under agreements; onward foreign sharing is restricted (Part 5).
  • Refugee rules change: end of “designated countries of origin,” stricter document/time requirements, presence-in‑Canada requirements, and new ineligibility grounds for late claims and some irregular entries (Parts 6, 8).
  • Government can pause, stop, or terminate processing of application streams and cancel/suspend/vary immigration documents in the public interest (Part 7).
  • Anti‑money‑laundering regime adds enrolment, mandatory compliance agreements, compliance orders, higher penalties, and new disclosures to the Commissioner of Canada Elections (Part 9).
  • Sex‑offender registry updates reporting duties and allows CBSA to share border‑crossing data with police (Part 11).

What it means for you#

  • Households and travelers

    • If you are on the Sex Offender Information Registration Act registry, you must report vehicle changes within 7 days (or 15 days if reporting under the National Defence Act), update annually within 30 days before your reporting anniversary, and you may have more physical identifiers recorded; family emergencies may be a reasonable excuse for missing the 14‑day travel notice (Part 11, ss. 4.1(1)(b.01), 4.1(1)(c), 5(3), 6(1.03)).
    • CBSA may disclose your basic identity and travel movement data to police if you are a registered sex offender, to help prevent or investigate sexual crimes (Part 11, s. 15.2; Customs Act s. 107(5)(l.4)).
  • Refugee claimants and migrants

    • “Designated countries of origin” rules are repealed (Part 6).
    • You must give the Minister the documents and information they specify, within set timelines, before referral to the Refugee Protection Division (RPD) (Part 6, s. 100(4), s. 100.1(1)).
    • If you miss document deadlines or an exam before referral, RPD may determine your claim is abandoned after giving you a chance to respond (Part 6, s. 102.1).
    • If you withdraw your claim in writing before referral, the Minister can deem it withdrawn; you may apply to reinstate (Part 6, s. 102.2).
    • RPD and Refugee Appeal Division must suspend consideration if you are not physically in Canada (with some exceptions) (Part 6, s. 104.1).
    • New ineligibility: if you entered Canada after June 24, 2020 and filed a claim more than 1 year after entry; and if you entered between U.S.–Canada ports and filed after the regulatory time limit. Exceptions can be set by regulation (Part 8, s. 101(1)(b.1), (b.2), (1.1)).
    • A representative must be designated for minors and persons unable to understand proceedings, in set circumstances (Part 6, s. 6.1).
  • Applicants for visas, permits, and status (in Canada or abroad)

    • The Governor in Council may order that certain application types will not be accepted, will be suspended, or will be terminated, if in the public interest; orders must state whether fees are repaid (without interest) (Part 7, s. 87.301(1)–(3)).
    • The Governor in Council may cancel, suspend, or vary visas and permits, or impose or vary conditions on documents or on temporary residents, if in the public interest (Part 7, s. 87.302(1)).
    • You may be required to answer questions truthfully, produce documents, and appear for an examination (including medical) related to such orders (Part 7, s. 87.305(1)–(2); s. 32.1(1)–(2)).
    • These orders are exempt from some pre‑publication steps under the Statutory Instruments Act but must be published in the Canada Gazette within 23 days (Part 7, s. 87.304).
  • Businesses and exporters

    • Owners/operators of international toll bridges/tunnels, international railways, and certain airports/wharves/docks must provide and maintain free‑of‑charge facilities for CBSA operations (Part 1, s. 6(1)).
    • Carriers, warehouse operators, and others handling export‑destined goods must give CBSA officers free access to premises and open packages/containers on request (Part 1, “Officer’s access to goods”).
    • Many “reporting entities” under the anti‑money‑laundering law must newly enroll with FINTRAC, keep enrolment current, and may be publicly listed; non‑payment of penalties can lead to denial or revocation (Part 9, ss. 11.4001–11.4015; s. 54.2).
    • Penalties increase sharply. For prescribed violations, up to $4,000,000 for individuals and $20,000,000 for entities; per notice maximums can also be up to 3% of gross global income/revenue. For violating a compliance order, up to the greater of $5,000,000 (individuals) or $30,000,000 (entities) and 3% of global income/revenue (Part 9, s. 73.1(2)–(4); s. 73.18(2)).
    • FINTRAC must require compliance agreements after violations and can issue public compliance orders if agreements are refused or breached (Part 9, ss. 73.16–73.17).
  • Law enforcement and public safety

    • Police and military police, when designated and acting lawfully, may be exempt from certain Criminal Code inchoate drug offences (conspiracy, attempt, accessory, counselling) in Controlled Drugs and Substances Act and Cannabis Act investigations; existing regulations are confirmed valid (Part 3).
    • The Coast Guard’s mandate adds “security,” including patrols and collection/analysis/disclosure of information and intelligence; key services must be cost‑effective (Part 4, s. 41(1)(f), s. 41.1).
  • Drug control and public health

    • Health Minister can temporarily list controlled substances and precursors in a new Schedule V on an accelerated basis; initial items and dates are set (e.g., Carisoprodol controlled from April 14, 2025 to April 13, 2026; Propionic anhydride and Benzyl chloride precursors from May 29, 2025 to May 28, 2026) (Part 2; Schedule).

Expenses#

Estimated net cost: Data unavailable.

  • No explicit dollar appropriations are stated in the bill text. A Royal Recommendation signals that public spending authority is required, but amounts are not specified (Minister of Public Safety Recommendation).
  • Potential fiscal effects identified in the bill text:
    • Higher maximum administrative monetary penalties and criminal fines under the anti‑money‑laundering law (up to $20,000,000 per violation for entities; per‑notice caps can reach 3% of gross global revenue; compliance‑order violations up to the greater of $30,000,000 and 3% of revenue) (Part 9, s. 73.1(2)–(4); s. 73.18(2); ss. 74–77.4).
    • New FINTRAC enrolment, compliance agreement, and compliance order systems may increase federal administrative costs; Data unavailable (Part 9).
    • Coast Guard security/intelligence activities may expand operating costs; Data unavailable (Part 4).
    • CBSA operational access to export goods and free‑of‑charge facility requirements shift costs to private owners/operators; public cost impact Data unavailable (Part 1).
    • Immigration and refugee processing changes (pre‑referral steps, abandonment/withdrawal processes, presence requirements, and public‑interest orders) may alter IRCC/IRB/CBSA workloads; Data unavailable (Parts 6–7).
  • No official fiscal note located; quantitative estimates are not provided in the bill text. Data unavailable.

Proponents' View#

  • Stronger tools to disrupt synthetic drugs: faster scheduling of precursors helps cut supply chains for illicit production; initial temporary listings take effect on April 14, 2025 and May 29, 2025 (Part 2; Schedule).
  • Faster, clearer undercover operations: confirming exemptions for inchoate offences reduces legal uncertainty for lawful drug and cannabis investigations (Part 3).
  • Tighter export and border controls: CBSA free access to export goods and mandatory facilities at key crossings can reduce smuggling and speed enforcement (Part 1).
  • More secure and coordinated maritime response: Coast Guard security and intelligence functions formalize support to other departments (Part 4).
  • Fairer, more efficient asylum system: ending “designated countries of origin,” adding representatives for minors/vulnerable persons, and setting clear pre‑referral document duties and abandonment rules can reduce delays and no‑shows (Part 6).
  • Ability to manage surges and threats: public‑interest orders let government pause intake, suspend, or terminate processing, and adjust conditions to protect program integrity and public safety (Part 7).
  • Stronger anti‑money‑laundering (AML) deterrence: enrolment, mandatory compliance agreements, public compliance orders, and higher penalties address chronic non‑compliance; new information‑sharing with the Commissioner of Canada Elections supports election integrity (Part 9, s. 55(3)(f.2), s. 55.1(1)(d.1)).

Opponents' View#

  • Broad executive powers with limited advance scrutiny: orders to halt intake, suspend/terminate processing, or cancel/suspend/alter documents are exempt from some Statutory Instruments Act steps and may affect many applicants, raising due‑process and transparency concerns; publication is after the fact (Part 7, s. 87.301–87.304).
  • Privacy and data‑sharing risks: IRCC can disclose personal information within the department and to other federal/provincial bodies under agreements; although foreign onward disclosure is restricted, wider sharing may increase breach or misuse risk (Part 5).
  • Barriers to protection: new ineligibility for claims filed more than 1 year after entry (for entries after June 24, 2020) and for some irregular entries after a set time limit may exclude bona fide refugees who face trauma, language barriers, or lack counsel; details of regulatory exceptions are not in the bill (Part 8).
  • Procedural fairness concerns: pre‑referral abandonment for missed documents or exams and mandatory in‑Canada presence to proceed could lead to negative outcomes for claimants who are hospitalized, caring for family, or briefly abroad (Part 6, ss. 102.1, 104.1).
  • Compliance burden and penalty severity: AML enrolment, mandatory compliance agreements, public naming, and very high penalties (including up to 3% of global revenue) may be disproportionate for small and medium businesses; a series of minor violations can count as a serious one (Part 9; AMPs Regulations s. 4(2), s. 5).
  • Policing safeguards: expanded exemptions from inchoate offences for undercover work could raise entrapment and accountability concerns if not tightly controlled, despite designation and lawful‑investigation requirements (Part 3).
  • Cost shifts to private sector: mandatory free‑of‑charge CBSA facilities at ports/bridges/airports and new access duties for exporters/warehouses impose unfunded obligations on owners/operators (Part 1).
Immigration
National Security
Criminal Justice
Trade and Commerce
Infrastructure
Healthcare

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