Bill C-12, the Strengthening Canada’s Immigration System and Borders Act, would amend several existing federal laws; it would not create one new agency or program. Its stated goal is to strengthen border security and the integrity of Canada’s immigration system. Most provisions would start on dates set by the government; the Coast Guard changes would start the day after royal assent.
Border and Coast Guard powers: Certain bridge, tunnel, rail and airport operators would have to provide customs facilities free of charge. Customs officers could require access to places where export goods are handled and require packages to be opened; entry to a dwelling-house would require consent or a warrant. Responsibility for Coast Guard services would move to the Minister of National Defence, who must provide specified services cost-effectively.
Immigration and asylum: Officers could terminate or change some visa and document applications or documents in circumstances set by regulations. The government could also make public-interest orders suspending or terminating applications, or cancelling, suspending or changing documents. New asylum rules would add ineligibility grounds, deadlines and steps before claims reach the Refugee Protection Division.
Financial crime rules: Many businesses covered by anti-money-laundering law would have to enrol with FINTRAC, keep information current and answer requests. FINTRAC would gain new compliance-order and penalty powers, including penalties that can reach millions of dollars or a percentage of global income or revenue.
Other security measures: The bill would change how controlled substances and precursors are scheduled and provide for regulations exempting designated police or military-police members, and people under their direction, from certain Criminal Code offences during investigations. It would also expand sex-offender reporting and information-sharing rules.
Reporting and review: Ministers would have to table certain reports, including monthly figures on removal orders enforced and delayed. A parliamentary committee would review the Act’s amendments starting in the fifth year after royal assent.
People travelling to Canada or applying for immigration documents: In prescribed circumstances, officers could end application processing or cancel, suspend or vary documents. A person outside Canada who holds a listed document could have to answer questions, provide relevant documents and attend an examination, including a medical examination, when required.
Refugee claimants: New rules would make some claims ineligible, including certain claims made more than a year after entry and some claims after entry at a Canada–U.S. land-border location other than a port of entry. The rules include exceptions to be set by regulation and transitional dates. The bill would also require specified information and examinations before referral, and set rules for claims or appeals when a claimant is outside Canada.
People whose applications or documents are affected by a public-interest order: The Governor in Council could make orders affecting specified applications or documents. Orders concerning people in Canada require the Immigration Minister’s recommendation and the Public Safety Minister’s concurrence. The Minister must report on these orders to Parliament.
Businesses covered by anti-money-laundering law: They would face new enrolment, information, record-keeping and compliance duties. Failure to comply could lead to public compliance orders and penalties; serious or very serious violations may also lead to the stated criminal penalties.
Sex offenders subject to registration: They would have to report certain vehicle changes within seven days, or within 15 days for people reporting at a National Defence Act registration centre, and make annual reports within a specified period. The bill would allow more collection and sharing of registration information for stated law-enforcement purposes.
Customs facility operators and people handling export goods: Covered bridge, tunnel, rail and designated port operators would supply customs facilities at no charge. People transporting or arranging export goods, and warehouse operators, would have to provide requested access and open or remove packaging.
General public: The bill does not itself guarantee that applications will be cancelled, that a public-interest order will be made, or that an individual asylum claim will be found ineligible. Those powers and rules depend in part on regulations and decisions.
The bill requires some businesses to provide facilities or information and authorizes substantial penalties, but the supplied material gives no overall cost estimate.
Covered operators must provide and maintain customs facilities free of charge. People handling export goods must provide specified access without charge.
The bill would require government staffing and administration for new immigration, reporting, enrolment and enforcement duties; no cost estimate or staffing number is supplied.
A public-interest order could specify whether application fees are refunded, with any refund paid from the Consolidated Revenue Fund.
FINTRAC penalties could reach specified dollar amounts or percentages of global income or revenue. These are maximums, not estimates of penalties that would be collected.
The supplied material does not establish whether the bill has been enacted. Most provisions depend on commencement dates set by the Governor in Council; many details also depend on future regulations.
The precise circumstances for ending applications, changing documents, requiring examinations, and applying several asylum rules are left to regulations.
The supplied extract does not reproduce the replacement Schedule V of the controlled-drugs law, so its full list of substances cannot be checked.
The source ends before the full text of one amendment to the Immigration and Refugee Protection Act and one FINTRAC publication provision. Their complete effects cannot be verified from the supplied material.
The bill does not set out a cost estimate, staffing plan or detailed implementation process for the new duties.
The bill appears intended to give customs officers more access to export locations and require key border operators to provide facilities, supporting customs enforcement.
New application and document powers could let the government respond to specified public-interest concerns, including fraud, public health or safety, and national security.
Enrolment, risk-based compliance programs and public compliance orders could help FINTRAC identify regulated businesses and address failures to follow anti-money-laundering rules.
Expanded information-sharing and reporting rules could help law-enforcement agencies prevent or investigate sexual offences, while parliamentary reports and a later review provide some oversight.
The bill gives the government and officers significant powers over applications, immigration documents, information and enforcement. Key limits and procedures depend on regulations, which are not included here.
New asylum eligibility rules and pre-referral requirements could prevent or delay some claims from reaching a hearing; the supplied material does not explain how deadlines, exceptions or extensions will work in practice.
Free facility and access duties, enrolment and record-keeping rules, and compliance requirements may impose costs on businesses and operators, but no estimate is provided.
Public-interest orders can affect groups of pending applications or documents. Although reporting is required, the bill does not provide a prior hearing process for affected applicants in the supplied material.