Bill C-2 in the House: Amendments to Customs Act and more to strengthen Canada’s borders

Bill C-2, or the Strong Borders Act, passed its first reading on June 3. The bill, if passed in its current form, would amend various important pieces of legislation including the Customs Act, the Criminal Code, and the Mutual Legal Assistance in Criminal Matters Act. 

See also our update on Bill C-2’s proposed changes to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act.

Key takeaways: Bill C-2 broadens access to information and facilities for authorities

Bill C-2 would broaden authorities’ ability to access information and data, particularly digital records and subscriber information, and expands the ability for goods to be examined. Penalties for certain violations would increase significantly, and reporting requirements will become stricter. 

Amendments to Customs Act

• Owners and operators of specified bridges, tunnels, railways, airports, wharves, or docks must provide, equip, and maintain adequate buildings or accommodation for carrying out any administration or enforcement of legislation the CBSA enforces.
• Officers will have additional access to goods for inspection where the goods i) are being transported within Canada and intended for export, and ii) are in a sufferance or bonded warehouse.

Amendments to Criminal Code

• Access to information has been made easier to aid in investigating federal offences. Under certain circumstances, subscriber information can be obtained. More detail has been added regarding computer data and what entails subscriber information.
• Foreign entities that provide telecommunications services may be required by judge’s order to produce transmission data or subscriber information in their possession or control.

Enactment of new Supporting Authorized Access to Information Act

• This new legislation would establish a framework for electronic service providers to facilitate the access to information by authorities.
• Electronic service providers would have an obligation to assist with inspections, may be required to conduct an internal audit, or be subject to compliance orders.
• Administrative monetary penalties could be imposed up to $50,000 for individuals and $250,000 for any other person. A violation that is continued on more than one day would constitute a separate violation for each day that it is committed or continued.

Other notable amendments

• Mutual Legal Assistance in Criminal Matters Act: would allow the minister of justice, upon written request from a foreign state, to authorize a Canadian “competent authority” to apply ex parte to a court to obtain an order compelling the production of transmission data or subscriber information that is within Canada.
• Proceeds of Crime (Money Laundering) and Terrorist Financing Act: Anti-money laundering enforcement would be strengthened, including through improved regulatory oversight and enhanced information sharing across institutions. 
• Canada Post Corporation Act: Canada Post would have authority to open letter mail, in certain circumstances.
• Department of Citizenship and Immigration Act and the Immigration and Refugee Protection Act: Parts 6 through 9 introduce significant amendments to both legislative schemes, including new grounds of ineligibility for refugee claims.

We will continue to closely monitor this legislation’s progress through the House of Commons and provide relevant updates.

The author would like to thank Elisar Haydar, articling student, for their contribution to preparing this legal update.