Strong Borders Act

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.