C-121453-4Charles III2025An 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 measuresStrengthening Canada’s Immigration System and Borders ActStrengthening Canada’s Immigration System and Borders Act202512
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REPRINTED AS ORDERED BY THE SPEAKER OF THE HOUSE OF COMMONS ON DECEMBER 2, 2025 AS A WORKING COPY AT REPORT STAGEMINISTER OF PUBLIC SAFETY91243RECOMMENDATIONHer Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “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”.SUMMARYPart 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 Oceans Act to transfer the responsibility for the coast guard services from the Minister of Fisheries and Oceans to the Minister of National Defence, 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 5 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 6 amends the Immigration and Refugee Protection Act to, among other things,eliminate the designated countries of origin regime;authorize the Minister of Citizenship and Immigration to specify the information and documents that are required in support of a claim for refugee protection;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;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;prevent, if the claimant is not present in Canada, the Refugee Protection Division and the Refugee Appeal Division from commencing consideration of the claim or the appeal or to require them to deem the claim to have been abandoned in certain circumstances;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; andauthorize 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 7 amends the Immigration and Refugee Protection Act to, among other things,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;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;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; andauthorize 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 8 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 requires the officer to terminate the processing of the claim if the claim is determined to be ineligible. It also includes a transitional provision respecting the retroactive application of those new grounds.Part 9 amends the Proceeds of Crime (Money Laundering) and Terrorist Financing Act to, among other things,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;replace the existing optional compliance agreement regime with a new mandatory compliance agreement regime that, among other things,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),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, anddesignates the contravention of a compliance order as a new violation under that Act;require persons or entities referred to in section 5 of that Act, other than those already required to register, to enroll with the Centre; andauthorize the Centre to disclose certain information to the Commissioner of Canada Elections, subject to certain conditions.It also makes consequential and related amendments to the Retail Payment Activities Act and the Proceeds of Crime (Money Laundering) and Terrorist Financing Administrative Monetary Penalties Regulations and includes transitional provisions.Part 10 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 11 amends the Sex Offender Information Registration Act to, among other things,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;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; 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;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;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; andclarify 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.TABLE OF PROVISIONSAn 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 measuresShort TitleStrengthening Canada’s Immigration System and Borders ActCustoms ActControlled Drugs and Substances ActPolice Enforcement of the Controlled Drugs and Substances Act and the Cannabis ActOceans ActInformation Sharing — Immigration, Refugees and CitizenshipImmigration and Refugee Protection Act (In-Canada Asylum System)Immigration and Refugee Protection Act (Certain Measures in Respect of Applications and Documents)Immigration and Refugee Protection Act (Ineligibility)Proceeds of Crime (Money Laundering) and Terrorist Financing ActLegislation Related to Financial Institutions (Supervisory Committee)Sex Offender Information Registration ActHis Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:Short Title
Short titleThis Act may be cited as the Strengthening Canada’s Immigration System and Borders Act.
R.S., c. 1 (2nd Supp.)Customs ActAmendments to the Act
The portion of subsection 6(1) of the Customs Act before paragraph (a) is replaced by the following:
Customs facilitiesThe owner or operator of any of the following bridges, tunnels, railways, airports, wharves or docks must provide, equip and maintain free of charge — at or near the bridge, tunnel, railway, airport, wharf or dock — adequate buildings, accommodation or other facilities for carrying out any purpose related to the administration or enforcement of program legislation, as defined in section 2 of the Canada Border Services Agency Act:
Paragraphs 6(1)(a) and (b) of the English version of the Act are replaced by the following:an international bridge or tunnel, for the use of which a toll or other charge is payable,a railway operating internationally, orSubsection 6(1) of the Act is amended by replacing paragraph (c) and the portion after paragraph (c) with the following:an airport, wharf or dock that receives conveyances operating internationally, whether they are arriving in, departing from or expected to depart from Canada, and in respect of which a customs office has been designated under section 5.Subsection 6(3) of the French version of the Act is replaced by the following:RèglementsSous réserve du paragraphe (4), le gouverneur en conseil peut, par règlement, déterminer les locaux ou autres installations qui sont adéquats aux fins visées au paragraphe (1).
The heading of Part V of the Act is replaced by the following:Exportation
The Act is amended by adding the following after section 97:
Officer’s access to goods — transportationEvery person who transports or causes to be transported within Canada goods destined for export must, at an officer’s request, give the officer free access to any premises or place under the person’s control that is attached to or forms part of any place where any goods destined for export are reported, loaded, unloaded or stored and open any package or container of those goods or remove any packaging from those goods.No entry without consent or warrantIf any premises or place referred to in subsection (1) is a dwelling-house, an officer may not enter that dwelling-house without the consent of the occupant except under the authority of a warrant issued under subsection (3).WarrantOn ex parte application by the Minister, a judge may issue a warrant authorizing an officer to enter a dwelling-house, subject to the conditions that may be specified in the warrant, if the judge is satisfied by information on oath thatthere are reasonable grounds to believe that the dwelling-house is a premises or place referred to in subsection (1);entry into the dwelling-house is necessary for any purpose related to the administration or enforcement of this Act; andentry into the dwelling-house has been, or there are reasonable grounds to believe that entry into the dwelling-house will be, refused.Definition of dwelling-house In this section, dwelling-house has the same meaning as in subsection 42(1).
Officer’s access to goods — warehousesThe operator of a sufferance warehouse or a bonded warehouse must, at an officer’s request, give the officer free access to the warehouse or any premises or place under the operator’s control that is attached to or forms part of the warehouse and open any package or container of goods destined for export or remove any packaging from those goods.
Transitional Provisions
No action against owners or operatorsNo action or judicial proceeding by His Majesty in right of Canada lies against any owner or operator referred to in subsection 6(1) of the Customs Act for the reimbursement of any sum that His Majesty paid to the owner or operator with respect to buildings, accommodations or other facilities that were used, before the day on which section 2 comes into force, for carrying out any purpose related to the administration and enforcement of program legislation, as defined in section 2 of the Canada Border Services Agency Act, including the proper detention and examination of goods or the proper search of persons.No action against His MajestyNo action or judicial proceeding by an owner or operator referred to in subsection 6(1) of the Customs Act lies against His Majesty in right of Canada for the reimbursement of any cost incurred with respect to buildings, accommodations or other facilities that the owner or operator provided, equipped or maintained free of charge in accordance with that subsection, as it read before the day on which section 2 comes into force, and that were used, before that day, for carrying out any purpose related to the administration and enforcement of program legislation, as defined in section 2 of the Canada Border Services Agency Act.Pending action or judicial proceedingSubsections (1) and (2) apply in respect of any action or judicial proceeding that is pending on the day on which this section comes into force.
1996, c. 19Controlled Drugs and Substances ActAmendments to the Act
The definitions controlled substance and precursor in subsection 2(1) of the Controlled Drugs and Substances Act are replaced by the following:controlled substance means a substance included in any of Schedules I to IV or in Part 1 of Schedule V; (substance désignée)precursor means a substance included in Part 2 of Schedule V or in Schedule VI; (précurseur)
Paragraph 55(1)(u) of the Act is repealed.
Section 60.1 of the Act is amended by adding the following after subsection (2):Relevant informationIn making an order under subsection (1) or (2), the Minister may take into account any relevant information provided by the Minister of Public Safety and Emergency Preparedness.Deletion of item or portion of itemAn item or portion of an item is deleted from Schedule V on the earliest ofthe day specified in an order made under subsection (2) in relation to that item or portion of an item,the beginning of the day on which that item or portion of an item is added to any of Schedules I to IV and VI, andthe end of the period set out for the item in question.
The Act is amended by adding the following after section 60.1:
Amending schedules to regulationsThe Governor in Council may make regulations authorizing the Ministerto add to or delete from, by order, any schedule to a regulation made under this Act any substance included in Schedule V to this Act; andto make, by order, any other amendment to a schedule to a regulation made under this Act that is consequential or related to an addition or deletion referred to in paragraph (a).
Schedule V to the Act is replaced by the Schedule V set out in the schedule to this Act.
Related AmendmentsSOR/97-234Controlled Drugs and Substances Act (Police Enforcement) Regulations
The Controlled Drugs and Substances Act (Police Enforcement) Regulations are amended by replacing “in Schedule I, II, III or IV of the Act” with “in any of Schedules I to V to the Act” in the following provisions:the portion of section 5.1 before paragraph (a); andthe portion of section 5.2 before paragraph (a).
SOR/2002-359Precursor Control Regulations
The definitions Class A precursor and Class B precursor in section 1 of the Precursor Control Regulations are replaced by the following:Class A precursor means any of the following precursors:a precursor included in Table 1 of Part 2 of Schedule V to the Act;a preparation or mixture included in Table 3 of Part 2 of Schedule V to the Act that contains a precursor included in Table 1 of Part 2 of that Schedule;a precursor included in Part 1 of Schedule VI to the Act;a preparation or mixture included in Part 3 of Schedule VI to the Act that contains a precursor included in Part 1 of that Schedule. (précurseur de catégorie A)Class B precursor means any of the following precursors:a precursor included in Table 2 of Part 2 of Schedule V to the Act;a preparation or mixture included in Table 3 of Part 2 of Schedule V to the Act that contains a precursor included in Table 2 of Part 2 of that Schedule;a precursor included in Part 2 of Schedule VI to the Act;a preparation or mixture included in Part 3 of Schedule VI to the Act that contains a precursor included in Part 2 of that Schedule. (précurseur de catégorie B)
The Regulations are amended by adding the following after section 91:Temporarily Scheduled Precursors
The Minister may, by order, add to the schedule a temporarily scheduled precursor and the maximum quantity for it that the Minister considers appropriate.The Minister may, by order, delete from the schedule any item for which a temporarily scheduled precursor is set out or any portion of such an item.An item of the schedule to these Regulations for which a temporarily scheduled precursor is set out, or any portion of such an item, is deleted from that schedule on the day on which the corresponding item or portion of an item is deleted from Schedule V to the Act.In this section, temporarily scheduled precursor means a precursor set out in column 1 of Table 1 or 2 of Part 2 of Schedule V to the Act.
The schedule to the Regulations is amended by replacing the references after the heading “SCHEDULE” with the following:(Paragraph 5(b), section 8, subsection 9(1.1), section 91.01, subsection 91.3(1), section 91.9, subsection 91.92(1), paragraph 91.96(c) and section 92)
The heading of column 1 of the schedule to the Regulations is replaced by “Substance”.
The schedule to the Regulations is amended by adding the following after item 33:Column 1Column 2ItemSubstanceMaximum Quantity (expressed as an absolute amount or per package)34Phenethyl bromide ((2-bromoethyl)benzene)035Propionic anhydride (propanoic anhydride)0
The Regulations are amended by replacing “in Part 1 of Schedule VI” with “in Table 1 of Part 2 of Schedule V or in Part 1 of Schedule VI” in the following provisions:subsection 8(2);subparagraph 14(1)(b)(iii);subparagraphs 25(1)(c)(iii) and (iv);paragraph 28.1(1)(e);subparagraphs 32(1)(c)(iii) and (iv);paragraph 35.1(1)(e);subparagraphs 39(1)(d)(iii) and (iv);subparagraphs 47(2)(a)(ii) and (4)(d)(ii);subparagraph 48(1)(c)(iii) and paragraph 48(1)(d);section 50;paragraph 54(a);subparagraph 85(1)(a)(iii) and paragraph 85(1)(c); andsubparagraphs 91(3)(d)(iii) and (iv).
The Regulations are amended by replacing “in Part 2 of Schedule VI” with “in Table 2 of Part 2 of Schedule V or in Part 2 of Schedule VI” in the following provisions:section 55;subparagraph 60(1)(c)(ii);subparagraphs 69(1)(c)(ii) and (iii);paragraph 72.1(1)(e);subparagraph 76(1)(c)(iii) and paragraph 76(1)(d);section 78;paragraph 82(a); andsubparagraph 85(4)(a)(ii).
The Regulations are amended by replacing “in Parts 1 or 2 of Schedule VI” with “in Table 1 or 2 of Part 2 of Schedule V or in Part 1 or 2 of Schedule VI” in the following provisions:paragraph 86(2)(b) and subparagraph 86(3)(c)(iii); andsubparagraphs 91(1)(d)(iii) and (iv).
Repeal
SOR/2025-64The Order Amending Schedule V to the Controlled Drugs and Substances Act (Fentanyl Precursors and Carisoprodol) is repealed.
Coordinating Amendments
SOR/2025-64The following definitions apply in this section.Order means the Order Amending Schedule V to the Controlled Drugs and Substances Act (Fentanyl Precursors and Carisoprodol). (arrêté)other Act means the Controlled Drugs and Substances Act. (autre loi)If section 2 of the Order comes into force before section 10 of this Act, then item 1 of Part 1 of Schedule V to the other Act is deleted from that Schedule V at the beginning of the day on which that section 10 comes into force.If section 2 of the Order comes into force on the same day as section 10 of this Act, then that section 2 is deemed not to have come into force and item 1 of Part 1 of Schedule V to the other Act is deleted from that Schedule V.If section 3 of the Order comes into force before section 10 of this Act, then item 1 of Table 1 and item 1 of Table 3 of Part 2 of Schedule V to the other Act are deleted from that Schedule V at the beginning of the day on which that section 10 comes into force.If section 3 of the Order comes into force on the same day as section 10 of this Act, then that section 3 is deemed not to have come into force and item 1 of Table 1 and item 1 of Table 3 of Part 2 of Schedule V to the other Act are deleted from that Schedule V.If section 4 of the Order comes into force before section 10 of this Act, then item 2 of Table 1 and item 2 of Table 3 of Part 2 of Schedule V to the other Act are deleted from that Schedule V at the beginning of the day on which that section 10 comes into force.If section 4 of the Order comes into force on the same day as section 10 of this Act, then that section 4 is deemed not to have come into force and item 2 of Table 1 and item 2 of Table 3 of Part 2 of Schedule V to the other Act are deleted from that Schedule V.If section 5 of the Order comes into force before section 10 of this Act, then item 1 of Table 2 and item 3 of Table 3 of Part 2 of Schedule V to the other Act are deleted from that Schedule V at the beginning of the day on which that section 10 comes into force.If section 5 of the Order comes into force on the same day as section 10 of this Act, then that section 5 is deemed not to have come into force and item 1 of Table 2 and item 3 of Table 3 of Part 2 of Schedule V to the other Act are deleted from that Schedule V.
Police Enforcement of the Controlled Drugs and Substances Act and the Cannabis Act1996, c. 19Controlled Drugs and Substances Act
Subsection 55(2) of the Controlled Drugs and Substances Act is amended by adding the following after paragraph (b):exempting, on any terms and conditions that are specified in the regulations, a member of a police force or of the military police that has been designated under paragraph (a), and other persons acting under the direction and control of the member, from the application of any provision of the Criminal Code that creates the offence of conspiracy or attempt to commit, being an accessory after the fact in relation to, or counselling in relation to, an offence under this Act;Subsection 55(2.1) of the Act is amended by adding the following after paragraph (b):exempting, on any terms and conditions that are specified in the regulations, a member of a police force or of the military police that has been designated under paragraph (a), and other persons acting under the direction and control of the member, from the application of any provision of the Criminal Code that creates the offence of conspiracy or attempt to commit, being an accessory after the fact in relation to, or counselling in relation to, an offence under this Act;
2018, c. 16Cannabis Act
Subsection 139(6) of the Cannabis Act is amended by adding the following after paragraph (b):exempting, on any terms and conditions that are specified in the regulations, a member of a police force or of the military police that has been designated under paragraph (a), and other persons acting under the direction and control of the member, from the application of any provision of the Criminal Code that creates the offence of conspiracy or attempt to commit, being an accessory after the fact in relation to, or counselling in relation to, an offence under this Act;Subsection 139(7) of the Act is amended by adding the following after paragraph (b):exempting, on any terms and conditions that are specified in the regulations, a member of a police force or of the military police that has been designated under paragraph (a), and other persons acting under the direction and control of the member, from the application of any provision of the Criminal Code that creates the offence of conspiracy or attempt to commit, being an accessory after the fact in relation to, or counselling in relation to, an offence under this Act;
Regulations
ConfirmationThe validity of any of the provisions of the following regulations respecting conspiracy or attempt to commit, being an accessory after the fact in relation to, or counselling in relation to, an offence is confirmed as of the day on which those regulations were made and the effects produced by those provisions since the day on which they came into force are also confirmed:the Controlled Drugs and Substances Act (Police Enforcement) Regulations, made on April 22, 1997 and registered as SOR/97-234;the Cannabis Act (Police Enforcement) Regulations, made on June 26, 2018 and registered as SOR/2018-151; andany regulations, made before the day on which this Act receives royal assent, amending one or both of those Regulations.
1996, c. 31Oceans ActAmendments to the Act
Subsection 40(2) of the Oceans Act is replaced by the following:Encouragement of activitiesFor the purpose of subsection (1), the Minister shall encourage activities necessary to foster understanding, management and sustainable development of oceans and marine resources and the provision of hydrographic services to ensure the facilitation of marine trade, commerce and safety in collaboration with other ministers of the Government of Canada.
The portion of subsection 41(1) of the Act before paragraph (a) is replaced by the following:
Coast guard servicesThe Minister of National Defence is responsible for coast guard services and their powers, duties and functions extend to and include all matters over which Parliament has jurisdiction, not assigned by law to any other department, board or agency of the Government of Canada, relating to
Subsection 41(1) of the Act is amended by striking out “and” at the end of paragraph (d) and by replacing paragraph (e) with the following:the support of departments, boards and agencies of the Government of Canada through the provision of ships, aircraft and other services; andsecurity, including security patrols and the collection, analysis and disclosure of information or intelligence.Subsection 41(2) of the Act is replaced by the following:Cost-effectivenessThe Minister of National Defence shall ensure that the services referred to in subparagraphs (1)(a)(i) to (iv) are provided in a cost-effective manner.
The Act is amended by adding the following after section 41:
Powers with respect to information and intelligenceIn exercising the powers and performing the duties and functions assigned to them under section 41, the Minister, or any other member of the King’s Privy Council for Canada designated under subsection 41(1), may collect, analyze and disclose information or intelligence.
Coming into Force
Day after royal assentThis Part comes into force on the day after the day on which this Act receives royal assent.
Information Sharing — Immigration, Refugees and Citizenship1994, c. 31Department of Citizenship and Immigration Act
The Department of Citizenship and Immigration Act is amended by adding the following after section 5.2:Disclosure of Personal Information
Definition of personal informationIn sections 5.4 to 5.7, personal information has the same meaning as in section 3 of the Privacy Act.
Disclosure within DepartmentSubject to any regulations made under section 5.7, the Minister may, for the purpose of exercising their powers or performing their duties or functions under an Act of Parliament or another lawful authority, disclose within the Department any personal information under the control of the Department.
Disclosure outside DepartmentSubject to any regulations made under section 5.7, and under a written agreement or arrangement that includes the elements of personal information that may be disclosed, the purpose of disclosure, any limits on secondary use and subsequent transfer of personal information and any other relevant details, the Minister may, for the purpose of the administration or enforcement of an Act of Parliament or of the legislature of a province or for the purpose of exercising their powers or performing their duties or functions under another lawful authority, disclose to any department, ministry, body, office or agency of the federal government or of a provincial government or to a federal or provincial Crown corporation personal information that is under the control of the Department and that relates to any of the following:the identity of an individual and any changes to their identity;the status of an individual in Canada and any changes to their status;the contents or status of any document issued to an individual by the Minister under a provision for which the Minister is responsible in an Act of Parliament or under another lawful authority, including information relating to the issuance, provision, renewal, restoration, validity, variance, withholding, refusal, termination, cancellation, correction, revocation, recall, suspension, recovery or loss of such a document.ProhibitionIt is prohibited for a department, ministry, body, office or agency of a provincial government or a provincial Crown corporation to disclose personal information that it receives under subsection (1) to a foreign entity unless the disclosure is donewith the written consent of the Minister; andin a manner that respects Canada’s international obligations in respect of mistreatment, as defined in section 2 of the Avoiding Complicity in Mistreatment by Foreign Entities Act.
Other disclosure authoritiesFor greater certainty, nothing in this Act affects any authority to disclose personal information under another Act of Parliament, at common law or under the royal prerogative.
RegulationsFor the purposes of sections 5.4 and 5.5, the Governor in Council may make regulations respectingthe disclosure of personal information under the control of the Department, including conditions for or limits on disclosure and the specification of purposes for disclosure; andthe meaning of terms used in those sections.
2001, c. 27Immigration and Refugee Protection Act
Subsection 150.1(1) of the Immigration and Refugee Protection Act is amended by striking out “and” at the end of paragraph (d), by adding “and” at the end of paragraph (e) and by adding the following after paragraph (e):the disclosure, for the purposes of cooperation, of information collected for the purposes of this Act to federal departments and agencies, including personal information disclosed under a written agreement or arrangement that includes the elements of personal information that may be disclosed, the purpose of disclosure, any limits on secondary use and subsequent transfer of personal information and any other relevant details.
2001, c. 27Immigration and Refugee Protection Act (In-Canada Asylum System)Amendments to the Act
Subsection 2(1) of the English version of the Immigration and Refugee Protection Act is amended by adding the following in alphabetical order:prescribed means prescribed by regulation. (Version anglaise seulement)
The Act is amended by adding the following after section 6:
RepresentationThe Minister must, in the prescribed circumstances, designate a person to represent a person who is the subject of a prescribed proceeding or application if the person who is the subject of the proceeding or application is under 18 years of age or is unable, in the opinion of the Minister, to appreciate the nature of the proceeding or application. That obligation does not apply in respect of a proceeding before a Division of the Board.Personal informationThe Minister may disclose the personal information of the person who is the subject of the proceeding or application to the representative.RegulationsThe regulations may provide for any matter relating to the application of this section, may prescribe the circumstances in which, and the proceedings and applications for which, a representative must be designated and may include provisions respectingthe responsibilities of a representative and the requirements that must be met to be designated as a representative;the circumstances in which a representative may make decisions on behalf of the person they represent; andthe remuneration of a representative.
Subsection 14.1(6) of the English version of the Act is replaced by the following:Non-application of instructionsThe instructions do not apply in respect of a prescribed class.
Section 23 of the French version of the Act is replaced by the following:
Autorisation d’entrer : contrôle complémentaire ou enquêteL’agent peut autoriser une personne à entrer au Canada en vue du contrôle complémentaire ou de l’enquête prévus par la présente partie.
Subsection 24(4) of the Act is amended by striking out “or” at the end of paragraph (a) and by adding the following after that paragraph:the day on which their claim was determined by the Minister to be withdrawn, in the case where no application was made to the Federal Court for leave to commence an application for judicial review;in any other case where their claim was determined by the Minister to be withdrawn, the later ofthe day on which the Minister made the determination or, if there was more than one such determination, the day on which the last one occurred, andthe day on which the Federal Court refused their application for leave to commence an application for judicial review, or denied their application for judicial review, with respect to the Minister’s determination; or
Paragraph 25(1.2)(b) of the Act is replaced by the following:the foreign national has made a claim for refugee protection that has been determined to be eligible to be referred to the Refugee Protection Division or that is pending before that Division or the Refugee Appeal Division;
Paragraph 38(2)(d) of the English version of the Act is replaced by the following:is, if prescribed, the spouse, common-law partner, child or other family member of a foreign national referred to in any of paragraphs (a) to (c).
Subsection 44(2) of the English version of the Act is replaced by the following:Referral or removal orderIf the Minister is of the opinion that the report is well-founded, the Minister may refer the report to the Immigration Division for an admissibility hearing, except in the case of a permanent resident who is inadmissible solely on the grounds that they have failed to comply with the residency obligation under section 28 and except, in the case of a foreign national, in the prescribed circumstances. In those cases, the Minister may make a removal order.
The Act is amended by adding the following before section 45:
Presence in CanadaThe Immigration Division must not hold an admissibility hearing if the permanent resident or foreign national who is the subject of the hearing is not physically present in Canada.
Subsection 49(1) of the English version of the Act is replaced by the following:
In forceA removal order comes into force onthe day on which it is made, if there is no right to appeal;the day after the day on which the appeal period expires, if there is a right to appeal and no appeal is made; orthe day on which a final determination is made that has the effect of confirming the removal order, if an appeal is made.
The portion of subsection 49(2) of the English version of the Act before paragraph (a) is replaced by the following:In force — claimantsDespite subsection (1), a removal order made with respect to a refugee protection claimant is conditional and comes into forceParagraphs 49(2)(a) to (e) of the Act are replaced by the following:on the day on which notice is provided that the claim has been determined to be ineligible only under paragraph 101(1)(e);seven days after the day on which notice is provided that the claim has otherwise been determined to be ineligible under subsection 101(1);if the claim is rejected by the Refugee Protection Division and there is no right to appeal, 15 days after the day on which notice of the rejection is provided;if the claim is rejected by the Refugee Protection Division and the claimant does not file and perfect an appeal within the applicable time limits, on the later ofthe day after the day on which the applicable time limit expires, and15 days after the day on which notice of the rejection is provided;15 days after the day on which the Refugee Appeal Division provides notice that the claim is rejected;on the day on which notice is provided that the claim has been determined to be withdrawn;15 days after the day on which notice is provided that the claim has been determined to be abandoned; or15 days after the day on which proceedings are terminated as a result of a notice given under paragraph 104(1)(c) or (d).Section 49 of the Act is amended by adding the following after subsection (2):Monthly report on removal ordersThe Minister must prepare a report in respect of each month of the year that sets out the number of removal orders that were enforced in that month, the number of removal orders that were not enforced in accordance with subsection (3) and the reasons for the delays.Additional informationThe report must also include countries of origin, age and gender breakdowns and criminal backgrounds of persons removed.TablingThe report must be tabled in each House of Parliament within 10 days after the last day of the month to which the report relates or, if a House is not then sitting, on any of the first 10 days on which that House is sitting after that day.
Subsection 97(2) of the English version of the Act is replaced by the following:Person in need of protectionA person in Canada who is a member of a class of persons that is prescribed as being in need of protection is also a person in need of protection.
Subsection 99(3.1) of the Act is repealed.
The heading before section 100 of the Act is replaced by the following:Consideration of Claims Prior to Referral
Subsection 100(1) of the Act is replaced by the following:
Consideration of claimsAn officer must, after receiving a claim referred to in subsection 99(3), determine whether it is eligible to be referred to the Refugee Protection Division. If it is determined to be eligible, the Minister must consider it further within the prescribed time limit.
The portion of subsection 100(2) of the Act before paragraph (a) is replaced by the following:Suspension of considerationThe officer or the Minister must suspend consideration of the person’s claim ifParagraph 100(2)(b) of the Act is replaced by the following:the person is charged with an offence under an Act of Parliament that is punishable by a maximum term of imprisonment of at least 10 years and the officer or the Minister considers it necessary to wait for a court decision with respect to the charge.Subsection 100(3) of the Act is replaced by the following:Ineligibility — determination by MinisterThe Minister may, after considering a claim, determine that it is ineligible to be referred to the Refugee Protection Division despite the determination made under subsection (1).Subsection 100(4) of the Act is replaced by the following:Documents and information to be providedA person who makes a claim for refugee protection inside Canada — or who, before making a claim, submits any document or provides information with a view to making a claim inside Canada — must, within the time limits provided for in the regulations and in the manner specified by the Minister, provide the Minister with the documents and information specified by the Minister and the documents and information required by the rules of the Board.Subsection 100(4.1) of the Act is repealed.Subsection 100(5) of the Act is repealed.
The Act is amended by adding the following after section 100:
Referral of claimsSubject to subsections 100(1) to (3) and section 102.2, the Minister must refer a claim for refugee protection to the Refugee Protection Division ifthe claim has been determined to be eligible for referral;the Minister has been provided with, and has had the opportunity to consider, the documents and information referred to in subsection 100(4); andin the case where the person who made the claim has been requested to appear for an examination, they have appeared for the examination.RestrictionThe Refugee Protection Division is not authorized to consider a claim for the purposes of subsection 107(1) until the claim has been referred to it under subsection (1).
The Act is amended by adding the following after section 102:Abandonment and Withdrawal of Claims
Abandoned claimsIf a person who makes a claim for refugee protection inside Canada that has not been referred to the Refugee Protection Division and that has not been determined to be ineligible for referral fails to provide documents or information in accordance with subsection 100(4) or fails to appear for an examination when requested to do so, the Minister must transmit the claim to the Division to determine whether, as a result of the failure, the claim has been abandoned.DeterminationSubject to subsection (6), the Refugee Protection Division must — after, among other things, providing the person with the opportunity to make representations — determine, in accordance with subsection 168(1), whether the claim has been abandoned.LimitDespite section 165, the Refugee Protection Division cannot compel the Minister, an officer or any other person who is authorized to act on the Minister’s behalf to appear for a hearing.RequirementsIf the Refugee Protection Division determines that the claim has not been abandoned, the person who made the claim must provide the necessary documents or information or appear for the examination, as the case may be, in accordance with the requirements imposed by or under the regulations.Failure to complyIf the person who made the claim is required to comply with subsection (4) and fails to do so, the Refugee Protection Division must make a new determination under subsection (2).TerminationA proceeding under this section is terminated ifthe person who made the claim provides the Minister with the necessary documents and information or appears for the examination, as the case may be;the claim is determined under subsection 100(1) or (3) to be ineligible to be referred to the Refugee Protection Division; ora prescribed circumstance exists.
Withdrawal of claimsThe Minister may, at any time after a claim for refugee protection is determined to be eligible for referral and before the claim is referred to the Refugee Protection Division, determine that the claim has been withdrawn if the claimant provides the Minister with written notice of withdrawal.Reinstatement of claimSubject to the regulations, the Minister may, on application, reinstate a claim that the Minister has determined to be withdrawn.
Paragraph 104(1)(c) of the English version of the Act is replaced by the following:the claim was referred as a result of the direct or indirect misrepresentation or withholding of material facts relating to a relevant matter and was not otherwise eligible to be referred to the Refugee Protection Division; or
The Act is amended by adding the following after section 104:
Presence in CanadaFor the purposes of subsection 107(1), if a person making a claim for refugee protection is not physically present in Canada, the Refugee Protection Divisionin the case of a new claim, must not commence consideration of the claim; orin the case of an ongoing claim where the person returns to their country of origin, must deem the claim to have been abandoned.Refugee Appeal DivisionIf a person who is the subject of an appeal is not physically present in Canada, the Refugee Appeal Divisionin the case of a new appeal, must not commence consideration of the appeal, other than an appeal by the Minister; orin the case of an ongoing appeal where the person returns to their country of origin, must deem the claim to have been abandoned.
Section 109.1 of the Act and the heading before it are repealed.
Paragraph 110(2)(d.1) of the Act is repealed.Subsections 110(3) and (3.1) of the Act are replaced by the following:ProcedureSubject to subsections (4) and (6), the Refugee Appeal Division must proceed without a hearing, on the basis of the record of the proceedings of the Refugee Protection Division, and may accept documentary evidence and written submissions from the Minister and the person who is the subject of the appeal and, in the case of a matter that is conducted before a panel of three members, written submissions from a representative or agent or mandatary of the United Nations High Commissioner for Refugees and any other person described in the rules of the Board.
Section 111 of the Act is amended by adding the following after subsection (2):Confirmation of rejectionIf the Refugee Appeal Division confirms a decision of the Refugee Protection Division to reject a claim for refugee protection, the decision of the Refugee Appeal Division is itself a decision to reject the claim.
Paragraph 111.1(1)(a) of the Act is replaced by the following:time limits for providing documents and information under subsection 100(4) and the extension of those time limits, including extensions by the Minister;Subsection 111.1(1) is amended by adding the following after paragraph (a):time limits for the Minister to consider claims under subsection 100(1);Paragraph 111.1(1)(b) of the Act is repealed.Subsection 111.1(1) of the Act is amended by adding “and” at the end of paragraph (c), by striking out “and” at the end of paragraph (d) and by repealing paragraph (e).Subsection 111.1(2) of the Act is repealed.
The portion of paragraph 112(2)(b.1) of the Act before subparagraph (i) is replaced by the following:subject to subsection (2.1), less than 12 months have passed sinceSubsection 112(2) of the Act is amended by striking out “or” at the end of paragraph (b.1) and by adding the following after that paragraph:subject to subsection (2.1), less than 12 months have passed sincethe day on which their claim for refugee protection was determined by the Minister to be withdrawn, in the case where no application was made to the Federal Court for leave to commence an application for judicial review, orin any other case where their claim for refugee protection was determined by the Minister to be withdrawn, the later ofthe day on which the Minister made the determination or, if there was more than one such determination, the day on which the last determination occurred, andthe day on which the Federal Court refused their application for leave to commence an application for judicial review, or denied their application for judicial review, with respect to the Minister’s determination; orThe portion of paragraph 112(2)(c) of the Act before subparagraph (i) is replaced by the following:subject to subsection (2.1), less than 12 months have passed sinceThe portion of subsection 112(2.1) of the Act before paragraph (a) is replaced by the following:ExemptionThe Minister may exempt from the application of paragraph (2)(b.1), (b.2) or (c)
Subsection 144(1) of the English version of the Act is replaced by the following:
Prosecution of designated offencesIn addition to other procedures set out in this Act or in the Criminal Code for commencing a proceeding, proceedings in respect of any prescribed offence may be commenced in accordance with this section.
Paragraph 159(1)(g) of the Act is replaced by the following:takes any action that may be necessary to ensure that the members of the Board carry out their duties efficiently and without undue delay, including by specifying the manner in which decisions must be rendered and reasons for decisions must be given;
Paragraph 161(1)(a.1) of the Act is repealed.Subsection 161(1) of the Act is amended by adding the following after paragraph (a.1):the manner in which a claim that is determined to be ineligible under subsection 101(1) is to be dealt with;Subsection 161(1.1) of the Act is repealed.
Section 168 of the Act is amended by adding the following after subsection (1):ClarificationFor greater certainty, if the Refugee Protection Division or the Refugee Appeal Division is prevented under section 104.1 from considering a claim or appeal, it may determine under subsection (1) that the claim or appeal has been abandoned.
Paragraph 169(e) of the English version of the Act is replaced by the following:written reasons for the decision must be provided to the person who is the subject of the decision and to the Minister in circumstances provided for in the rules of the Board or if the person or the Minister requests them within 10 days after notice of the decision is provided; and
Paragraph 170(d) of the Act is repealed.Paragraph 170(f) of the Act is replaced by the following:may, despite paragraph (b), accept a claim for refugee protection without a hearing if the Minister has not notified the Division of the Minister’s intention to intervene;
Transitional Provisions
Definition of ActIn this section and sections 60 to 62, Act means the Immigration and Refugee Protection Act.Words and expressionsUnless the context requires otherwise, words and expressions used in sections 60 to 62 have the same meaning as in the Act.
Section 6.1 of the ActSection 6.1 of the Act applies to any proceedings or applications that are prescribed for the purposes of subsection 6.1(1) of the Act and that are pending or in progress on the day on which the regulations that prescribe those proceedings or applications come into force.
Section 44.1 of the ActSection 44.1 of the Act applies to hearings before the Immigration Division that have not yet been completed on the day on which section 38 comes into force.
Pending claims for refugee protectionEach provision that is set out below applies in respect of claims for refugee protection whose eligibility to be referred to the Refugee Protection Division has not yet been determined on the day on which the provision comes into force or that have been determined to be eligible for referral but have not yet been referred to that Division on that day:subsection 100(1) of the Act, as enacted by subsection 43(1);the portion of subsection 100(2) of the Act before paragraph (a), as enacted by subsection 43(2);paragraph 100(2)(b) of the Act, as enacted by subsection 43(3);subsection 100(3) of the Act, as enacted by subsection 43(4);subsection 100(4) of the Act, as enacted by subsection 43(5);section 100.1 of the Act; andsections 102.1 and 102.2 of the Act.
Coordinating Amendments
2023, c. 26If section 41 of this Act comes into force before the day on which subsection 284(2) of the Budget Implementation Act, 2023, No. 1 comes into force, then that subsection 284(2) is repealed.If section 41 of this Act and subsection 284(2) of the Budget Implementation Act, 2023, No. 1 come into force on the same day, then that subsection 284(2) is deemed never to have come into force and is repealed.
Coming into Force
Order in councilSubject to subsection (2), the provisions of this Part, other than sections 30, 32, 33, 36 to 40, 46, 47, 50, 53, 54, 56, 57 and 59 to 63, come into force on a day or days to be fixed by order of the Governor in Council.Order in councilSection 45 comes into force on a day to be fixed by order of the Governor in Council but that day must not be before the day on which subsection 43(5) comes into force.
2001, c. 27Immigration and Refugee Protection Act (Certain Measures in Respect of Applications and Documents)
The Immigration and Refugee Protection Act is amended by adding the following after section 11.2:
Termination — processing of applicationAn officer may terminate the processing of an application for a visa or other document in the prescribed circumstances.
Subsection 14(2) of the Act is amended by adding the following after paragraph (b):the circumstances in which an officer may terminate the processing of an application for a visa or other document;
The Act is amended by adding the following after section 20:
Document — cancellation, suspension or variationAn officer may, in the prescribed circumstances, cancel, suspend or vary a visa or other document.For greater certaintyFor greater certainty, subsection (1) does not affect any other lawful authority to cancel, suspend or vary a visa or other document.For greater certaintyFor greater certainty, the authority to vary under subsection (1) does not include the authority to grant permanent resident status.
Subsection 24(1) of the French version of the Act is replaced by the following:
Permis de séjour temporaireDevient résident temporaire l’étranger, dont l’agent estime qu’il est interdit de territoire ou ne se conforme pas à la présente loi, à qui il délivre, s’il estime que les circonstances le justifient, un permis de séjour temporaire — titre annulable en tout temps.
Subsection 26(1) of the Act is amended by adding the following after paragraph (b):the circumstances in which an officer may cancel, suspend or vary a visa or other document;
The Act is amended by adding the following after section 32:Examination — Foreign Nationals
Obligation — answer truthfullyA foreign national who is outside Canada and who holds a permanent resident visa, temporary resident visa, electronic travel authorization, temporary resident permit or any other document must, in order to confirm that they meet the requirements of this Act in respect of that document and in the prescribed circumstances, answer truthfully all questions put to them by an officer and must produce a visa and all relevant evidence and documents that the officer reasonably requires.Obligation — appear for examinationA foreign national who is outside Canada and who holds a document referred to in subsection (1) must, in order to confirm that they meet the requirements of this Act in respect of that document and in the prescribed circumstances, appear for an examination, including a medical examination, on request of an officer.For greater certaintyFor greater certainty, subsections (1) and (2) do not affect any other lawful authority relating to the conduct of an examination of foreign nationals.
RegulationsThe regulations may prescribe the circumstances in which a foreign national who is outside Canada and who holds a document referred to in subsection 32.1(1) must appear for examination, answer truthfully all questions put to them and produce a visa and all relevant evidence and documents.
Paragraph 47(c) of the Act is replaced by the following:on cancellation of their temporary resident permit, other than cancellation by an order made under subsection 87.302(1).
The Act is amended by adding the following after section 87.3:Orders Made in the Public Interest
Public interestFor the purposes of subsections 87.301(1), 87.302(1) and 87.303(1) and (2), the making of an order is consistent with the public interest if its purpose is to address matters such as administrative errors, fraud, public health, public safety or national security.
Order in council — applicationsThe Governor in Council may make an order specifying one or more of the following, if the Governor in Council is of the opinion that it is in the public interest to do so:applications for permanent resident visas, temporary resident visas, electronic travel authorizations, work permits, study permits or any other documents, or any combination of those types of applications, made by foreign nationals are not to be accepted for processing if they are received during the period set out in the order or, if a period is not set out, during the period for which the order is in force;the processing of any such types of applications, or any combination of them, made by foreign nationals that are pending on the coming into force of the order or, if amended, the amendment, is to be suspended during the period set out in the order or, if a period is not set out, during the period for which the order is in force; orthe processing of any such types of applications, or any combination of them, made by foreign nationals that are pending on the coming into force of the order or, if amended, the amendment, is to be terminated.Other elements of orderAn order made under subsection (1) mayrestrict the application of the order to certain foreign nationals or to applications within a class of applications that is specified in the order;provide for the retention, return or other disposition of applications;specify whether, despite any other Act of Parliament, any fees paid in respect of an application referred to in paragraph (1)(a) or (b) are to be repaid and, if they are, that such a repayment is to be made without interest from the Consolidated Revenue Fund; andprovide for any other matter arising out of or ancillary to the exercise of the power conferred under that subsection.Termination — fees repaidAn order made under subsection (1) must specify whether, despite any other Act of Parliament, any fees paid in respect of an application referred to in paragraph (1)(c) are to be repaid and, if they are, that the repayment is to be made without interest from the Consolidated Revenue Fund.
Order in council — documentsIf the Governor in Council is of the opinion that it is in the public interest to do so, the Governor in Council may, by order,cancel or vary documents, including permanent resident visas, permanent resident cards, temporary resident visas, electronic travel authorizations, temporary resident permits, work permits or study permits;suspend such documents for the period set out in the order or, if a period is not set out, during the period for which the order is in force;impose or vary conditions on such documents — including a condition or requirement imposed under the provision of any other Act of Parliament, or of any regulations or orders made under such an Act, or one related to the compliance with any such provision — for the period set out in the order or, if a period is not set out, during the period for which the order is in force; orimpose or vary such conditions on temporary residents for the period set out in the order or, if a period is not set out, during the period for which the order is in force.For greater certaintyFor greater certainty, the authority to vary under subsection (1) does not include the authority to grant permanent resident status.RecommendationAn order made under subsection (1) whose measures concern, in whole or in part, persons inside Canada must be made on the Minister’s recommendation with the concurrence of the Minister of Public Safety and Emergency Preparedness.Other elements of orderAn order made under subsection (1) mayrestrict the application of the order to certain documents or individuals;provide for the return of documents; andprovide for any other matter arising out of or ancillary to the exercise of the power conferred under that subsection.
Amendments by Governor in CouncilIf the Governor in Council is of the opinion that it is in the public interest to do so, the Governor in Council may, by order, amend or repeal any order made under subsection 87.301(1) or 87.302(1).Amendments by MinisterIf the Governor in Council is of the opinion that it is in the public interest to do so, the Governor in Council may, by order, authorize the Minister, by order, to amend or repeal any order made under subsection 87.301(1) or 87.302(1), subject to any conditions that the Governor in Council may specify.ConcurrenceIf the amendment or repeal concerns, in whole or in part, persons in Canada, then it requires,in the case of an amendment or repeal made by the Governor in Council, the Minister’s recommendation with the concurrence of the Minister of Public Safety and Emergency Preparedness; orin the case of an amendment or repeal made by the Minister, the concurrence of the Minister of Public Safety and Emergency Preparedness.
Report to ParliamentIf an order is made under subsection 87.301(1), 87.302(1) or 87.303(1) or (2), the Minister must cause to be tabled in each House of Parliament, within the next seven sitting days of the House after the day on which the order is made, a report setting outthe reasons that the order was made;the number of applications or documents affected; anda description of the persons or groups affected by the order.Referral to committeeThe report stands referred to the committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established for the purpose of reviewing the report.Appearance of MinisterAt the request of the committee, the Minister must appear before it to explain the reasons for making the order and plans to prevent systemic fraud in the future.
ObligationA person must answer truthfully all questions put to them by an officer that relate to the application of an order made under subsection 87.302(1) and must produce a visa and all relevant evidence and documents that the officer reasonably requires for the purpose of the application of such an order.Obligation — appear for examinationA person must, on request of an officer, appear for an examination — including a medical examination — that relates to the application of an order made under subsection 87.302(1).
Non-application of Statutory Instruments ActAn order made under subsection 87.301(1), 87.302(1) or 87.303(1) or (2), or a ministerial order referred to in subsection 87.303(2), is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act and must be published in the Canada Gazette not later than 23 days after the day on which it is made.
2001, c. 27Immigration and Refugee Protection Act (Ineligibility)Amendments to the Act
Subsection 101(1) of the Immigration and Refugee Protection Act is amended by adding the following after paragraph (b):the claimant entered Canada after June 24, 2020 and made the claim more than one year after the day of their entry;the claimant entered Canada at a location along the Canada–United States land border — including the waters along or across that border — that is not a port of entry and made the claim after the end of the time limit referred to in subsection 159.4(1.1) of the Immigration and Refugee Protection Regulations;Section 101 of the Act is amended by adding the following after subsection (1):Paragraph (1)(b.1) — multiple entriesFor the purposes of paragraph (1)(b.1), if the claimant has entered Canada more than once after June 24, 2020, the one-year period referred to in that paragraph begins on the day after the day of their first entry.Termination — processingIf a claim is determined to be ineligible under subsection 101(1), the officer shall terminate the processing of the claim.
Subsection 111.1(1) of the Act is amended by adding the following after paragraph (b):exceptions to the application of paragraph 101(1)(b.1);exceptions to the application of paragraph 101(1)(b.2);
Transitional Provision
Paragraphs 101(1)(b.1) and (b.2) and subsection 101(1.1)Paragraphs 101(1)(b.1) and (b.2) and subsection 101(1.1) of the Immigration and Refugee Protection Actdo not apply to a claim for refugee protection made before the day on which Bill C-2, introduced in the 1st session of the 45th Parliament and entitled An Act respecting certain measures relating to the security of the border between Canada and the United States and respecting other related security measures, was introduced; andapply to a claim for refugee protection made during the period beginning on the day on which that Bill was introduced and ending on the day before the day on which this Act receives royal assent.
2000, c. 17; 2001, c. 41, s. 48Proceeds of Crime (Money Laundering) and Terrorist Financing ActAmendments to the Act
The definition violation in subsection 2(1) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is repealed.Subsection 2(1) of the Act is amended by adding the following in alphabetical order:compliance order violation means a violation referred to in subsection 73.18(1). (violation d’un ordre de conformité)prescribed violation means a violation referred to in section 73.13. (violation réglementaire)Paragraph 2(2)(d) of the Act is replaced by the following:identifying information, for the purposes of subsection 54.1(3) or 54.2(3);
The heading of Part 1 of the English version of the Act is replaced by the following:Record Keeping, Verifying Identity, Reporting of Suspicious Transactions, Registration and Enrolment
Section 9.2 of the Act is replaced by the following:
Prohibition — anonymous account or clientNo person or entity referred to in section 5 shall open an anonymous account or an account for an anonymous client.Anonymous clientA client is anonymous for the purposes of subsection (1) if the person or entity cannot verify the identity of the client in accordance with the regulations or if the client’s name is obviously fictitious.
Section 9.6 of the Act is amended by adding the following after subsection (1):Program requirementsThe person or entity shall ensure that the program is reasonably designed, risk-based and effective.
The heading “Inscription” before section 11.1 of the French version of the Act is replaced by the following:Inscription — entreprises fournissant des services monétaires
Paragraph 11.11(1)(e.1) of the Act is replaced by the following:a person or entity that, having committed a compliance order violation or a prescribed violation and being liable to a penalty for it, and 30 days having elapsed since the day on which all proceedings in respect of the violation are ended, has still not paid the penalty together with any interest imposed under section 73.28;a person or entity that is acting on behalf of or in concert with a person or entity referred to in paragraph (e.1) for the purpose of evading the payment of a penalty; or
The Act is amended by adding the following after section 11.4:Enrolment
Enrolment requirementSubject to subsection (2), every person or entity referred to in section 5 shall enroll with the Centre.ExceptionsSubsection (1) does not apply to a person or entity referred to in paragraph 5(h), (h.1) or (m) or to a person or entity referred to in section 5 that acts exclusively as an employee or agent or mandatary of another person or entity referred to in that section.
Application for enrolmentIf section 11.4001 applies to a person or entity, the person or entity shall submit an application for enrolment to the Centre within the prescribed period. The application shall be made in the prescribed form and manner and include the prescribed information.
Notice of enrolmentAn applicant is enrolled if the Centre adds the applicant to the roll referred to in subsection 54.2(1). The Centre shall, without delay, notify the applicant of their enrolment.
RenewalAn enrolled person or entity shall renew their enrolment within the prescribed period.
Application for renewalAn application for renewal of enrolment shall be submitted to the Centre in the prescribed form and manner and shall include the prescribed information.
Notice of renewalAn applicant for renewal of enrolment remains on the roll referred to in subsection 54.2(1) if the Centre approves the application. The Centre shall, without delay, notify the applicant of the renewal.
Changes to informationAn applicant for enrolment or for renewal of enrolment shall notify the Centre, in the prescribed form and manner, of any change to the information provided in the application or of any newly obtained information that should have been included in the application within 30 days after the day on which the applicant becomes aware of the change or obtains the new information.
Clarifications — applicantAn applicant for enrolment or for renewal of enrolment shall provide the Centre, in the prescribed form and manner, with any clarifications that the Centre may request in respect of the information described in section 11.4002 or 11.4005 within 30 days after the day on which the request is made.Denial of applicationIf the applicant does not provide the Centre with the clarifications within the period specified in subsection (1), the Centre may deny the application and shall, without delay, notify the applicant of the denial.
Denial of applicationThe Centre shall deny an application for enrolment or for renewal of enrolment ifthe applicant committed a compliance order violation or a prescribed violation, became liable to pay a penalty for it and, 30 days after the day on which all proceedings in respect of the violation ended, has still not paid the penalty together with any interest imposed under section 73.28; orthe Centre determines that the applicant is in a prescribed relationship with a person or entity in the situation described in paragraph (a).Notice of denialIf an application is denied, the Centre shall, without delay, notify the applicant of the denial.
Clarifications — enrolled person or entityAn enrolled person or entity shall provide the Centre, in the prescribed form and manner, with any clarifications that the Centre may request in respect of the information described in section 11.4002 or 11.4005 within 30 days after the day on which the request is made.Revocation of enrolmentIf the enrolled person or entity does not provide the Centre with the clarifications within the period specified in subsection (1), the Centre may revoke their enrolment and shall, without delay, notify the person or entity of the revocation.
Revocation of enrolmentThe Centre may revoke the enrolment of an enrolled person or entity ifthe person or entity committed a compliance order violation or a prescribed violation, became liable to pay a penalty for it and, 30 days after the day on which all proceedings in respect of the violation ended, has still not paid the penalty together with any interest imposed under section 73.28; orthe Centre determines that the person or entity is in a prescribed relationship with a person or entity in the situation described in paragraph (a).Notice of revocationIf the Centre revokes the enrolment of the person or entity, the Centre shall, without delay, notify the person or entity of the revocation.
Requirement ceases to applyIf section 11.4001 ceases to apply to an enrolled person or entity, the person or entity shall notify the Centre in the prescribed form and manner within 30 days after the day on which that section ceased to apply.ExplanationThe notice shall explain why section 11.4001 has ceased to apply to the person or entity.Notice of revocationIf the Centre is satisfied that section 11.4001 has ceased to apply to the person or entity, the Centre shall revoke their enrolment and, without delay, notify them of the revocation.Notice of continued enrolmentIf the Centre is not satisfied that section 11.4001 has ceased to apply to the person or entity, the Centre shall, without delay, notify them of their continued enrolment.
Duty to notifyIf the Centre determines that section 11.4001 applies to a person or entity that is not enrolled, the Centre shall notify that person or entity of the requirement to enroll.
Application for reviewWithin 30 days after the day on which a person or entity is notified under subsection 11.4008(2), 11.4009(2), 11.401(2), 11.4011(2) or 11.4012(4) or section 11.4013, the person or entity may apply in writing to the Director of the Centre for a review of the decision in question and may provide any information in support of their application for review.Review by DirectorThe Director shall review the decision as soon as possible and shall take into consideration any information that the Director deems relevant.Decision of DirectorThe Director may either confirm the decision or substitute their own decision, and shall, without delay, serve notice of the review decision with reasons on the person or entity, together with notice of the right of appeal under subsection 11.4015(1).
Appeal to Federal CourtA person or entity that applied for a review under subsection 11.4014(1) may appeal the Director’s review decision to the Federal Court within 30 days after the day on which the decision is served, or within any longer period that the Court allows.AppealIf the Director does not make a review decision within 90 days after the day on which the Director received the application for review, the applicant may appeal to the Federal Court, within 30 days after the day on which the 90-day period expires, the decision or determination in question.Precautions against disclosureIn an appeal, the Court shall take every reasonable precaution, including, when appropriate, conducting hearings in private, to avoid the disclosure by the Court or any person or entity of information referred to in subsection 55(1). However, the Court is not required to take those precautions with respect to the appellant’s name and operating name.
Subsection 39.02(6) of the Act is replaced by the following:RecordsAny person or entity that imports or exports goods or that causes or arranges for goods to be imported or exported — for sale or for any industrial, occupational, commercial, institutional or other like use, or any other use that may be prescribed — or that produces, supplies, distributes, consumes or holds those goods for such a purpose shall keep at the person or entity’s place of business in Canada, or at any other place that the Minister may designate, any records in respect of the goods in any manner and for any period of time that may be prescribed. The person or entity shall, if an officer so requests, make the records available to the officer, within the time specified by the officer, and answer any questions asked by the officer in respect of them.
Section 39.14 of the Act is replaced by the following:
Request for Minister’s decisionA person or entity from which goods were seized under subsection 39.06(1), or the lawful owner of the goods, may — within 90 days after the date of the seizure and by giving notice to the Minister in writing or by any other means satisfactory to the Minister — request a decision of the Minister as to whether the officer who seized the goods had reasonable grounds to believe that the goods were proceeds of crime as defined in subsection 462.3(1) of the Criminal Code or were related to money laundering, to the financing of terrorist activities or to sanctions evasion.
Subsection 39.18(1) of the Act is replaced by the following:
Decision of MinisterWithin 90 days after the end of the period referred to in subsection 39.17(2), the Minister shall decide whether the officer who seized the goods had the reasonable grounds referred to in section 39.14.
Sections 39.19 and 39.2 of the Act are replaced by the following:
Return of goodsIf the Minister decides that the officer who seized the goods did not have the reasonable grounds referred to in section 39.14, the Minister of Public Works and Government Services shall, on being informed of the Minister’s decision, return the goods or an amount of money equal to their value at the time of the seizure, as the case may be.
Confirmation of forfeitureIf the Minister decides that the officer who seized the goods had the reasonable grounds referred to in section 39.14, the Minister may, subject to the terms and conditions that the Minister may determine and subject to any order made under section 39.24 or 39.25, confirm that the goods are forfeited to His Majesty in right of Canada.
Paragraph 53.6(1)(a) of the Act is replaced by the following:has, during the five-year period before the day on which the application was submitted, been found guilty of an offence under section 74, 75 or 76, subsection 77(1) or section 77.01 or 77.1 of this Act;Paragraph 53.6(1)(c) of the French version of the Act is replaced by the following:n’est pas inscrit sous le régime de l’article 11.1 de la présente loi.Paragraph 53.6(2)(a) of the Act is replaced by the following:a payment service provider that is registered, as those expressions are defined in section 2 of the Retail Payment Activities Act, is found guilty of an offence under section 74, 75 or 76, subsection 77(1) or section 77.01 or 77.1 of this Act;Paragraph 53.6(2)(c) of the French version of the Act is replaced by the following:le Centre a révoqué, au titre des paragraphes 11.11(2), 11.13(2) ou 11.17(2) ou de l’article 11.171 de la présente loi, l’inscription d’un fournisseur de services de paiement enregistré, au sens de l’article 2 de la Loi sur les activités associées aux paiements de détail.
The Act is amended by adding the following after section 54.1:
RollThe Centre is responsible for establishing and maintaining a roll of prescribed information submitted under section 11.4002, 11.4005, 11.4007, 11.4008 or 11.401.Organization and keeping of rollThe roll is to be organized in any manner and kept in any form that the Centre may determine.Public accessThe Centre shall make available to the public the part of the information referred to in subsection (1) that is identifying information as defined in the regulations.Verification of informationThe Centre may verify information submitted under section 11.4002, 11.4005, 11.4007, 11.4008, 11.401 or 11.4012.Accuracy of informationThe Centre shall, in accordance with the regulations, ensure that inaccurate information on the roll is corrected.Analysis of informationThe Centre may analyse and assess the information referred to in subsection (4) and, in that case, that analysis or assessment is deemed to be an analysis or assessment conducted under paragraph 54(1)(c).Retention of informationSubject to section 6 of the Privacy Act, the Centre shall retain information referred to in subsection (4) for 10 years beginning on the day on which the Centre denies an application for enrolment or for its renewal, on which an enrolled person or entity notifies the Centre under section 11.4012 or on which a person or entity is no longer enrolled with the Centre.
Subsection 55(1) of the Act is amended by adding the following after paragraph (b.2):information provided under section 11.4002, 11.4005, 11.4007, 11.4008, 11.401 or 11.4012 except for identifying information referred to in subsection 54.2(3);Subsection 55(3) of the Act is amended by adding the following after paragraph (f.1):the Commissioner of Canada Elections, if the Centre also has reasonable grounds to suspect that the information is relevant to investigating or prosecuting an offence or violation under the Canada Elections Act or an attempt to commit such an offence or violation;
Subsection 55.1(1) of the Act is amended by adding the following after paragraph (d):the Commissioner of Canada Elections, if the Centre also has reasonable grounds to suspect that the information is relevant to investigating or prosecuting an offence or violation under the Canada Elections Act or an attempt to commit such an offence or violation;
The portion of subsection 62(1) of the Act before paragraph (a) is replaced by the following:
To ensure complianceAn authorized person may, from time to time, examine the records and inquire into the business and affairs of any person or entity referred to in section 5 or any person or entity that the authorized person believes on reasonable grounds to be a person or entity referred to in that section for the purpose of ensuring compliance with Part 1 or 1.1, and for that purpose may
Section 72.1 of the French version of the Act is replaced by the following:
Personne autoriséeS’agissant d’une personne ou entité visée à l’alinéa 5h.1), il suffit, pour que les avis soient considérés comme signifiés par le Centre ou à sa demande, qu’ils soient signifiés à la personne dont le nom est indiqué dans la demande d’inscription visée au paragraphe 11.12(1) — ou qui est fourni conformément au paragraphe 11.13(1) — qui est autorisée à accepter, au nom de la personne ou entité visée à cet alinéa, des avis signifiés par le Centre en vertu de la présente loi ou que celui-ci fait signifier en vertu de celle-ci.
Subsection 73(1) of the Act is amended by adding the following after paragraph (j):respecting the enrolment referred to in sections 11.4001 to 11.4015;
The heading of Part 4.1 of the Act is replaced by the following:Notices of Violation, Compliance Agreements, Compliance Orders and Penalties
Paragraph 73.1(1)(b) of the Act is replaced by the following:classifying each prescribed violation as a minor violation, a serious violation or a very serious violation and classifying a series of minor violations as a serious violation or a very serious violation;Paragraph 73.1(1)(c) of the English version of the Act is replaced by the following:having regard to subsection (2), fixing a penalty, or a range of penalties, in respect of any prescribed violation;Paragraph 73.1(1)(d) of the Act is repealed.Subsection 73.1(2) of the Act is replaced by the following:Maximum penalties — prescribed violationThe maximum penalty for a prescribed violation is $4,000,000 if the violation is committed by a person and $20,000,000 if the violation is committed by an entity.Maximum penalties — cumulativeThe maximum penalty for all the prescribed violations identified on a notice of violation taken together isin the case of a person, the greater of $4,000,000 and 3% of the person’s gross global income in the year before the one in which the penalty is imposed; andin the case of an entity, the greater of $20,000,000 and 3% of the entity’s gross global revenue in its financial year before the one in which the penalty is imposed.Gross global revenue — affiliated entitiesIf an entity is part of a group of entities that are affiliated, within the meaning of subsection 9.8(2), then, for the purpose of determining the maximum penalty applicable to the entity under paragraph (3)(b), the entity’s gross global revenue is deemed to be the gross global revenue of the group for the financial year before the one in which the penalty is imposed.
Sections 73.11 to 73.13 of the Act are replaced by the following:
Criteria for penaltyExcept if a penalty is fixed under paragraph 73.1(1)(c), the amount of a penalty shall, in each case, be determined taking into accountthe fact that penalties have as their purpose to encourage compliance with this Act rather than to punish;the harm done by the violation;the ability of the person or entity to pay the amount; andany other criteria that may be prescribed by regulation.
Information respecting ability to paySubject to subsection (2), if the Centre requests information from the person or entity to enable the Centre to take into account paragraph 73.11(c), the person or entity may, in any representations made under subsection 73.15(2) with respect to that paragraph, rely only on information that the person or entity provided to the Centre before the deadline indicated by the Centre.New informationIn the representations, the person or entity may rely on new information with respect to paragraph 73.11(c) only ifthat information is with respect to facts that arose after the deadline;that information was not reasonably available before the deadline; orthe person or entity could not reasonably have been expected in the circumstances to have provided that information before the deadline.
Violation or offenceIf an act or omission may be proceeded with as a violation or as an offence, proceeding with it in one manner precludes proceeding with it in the other.
Prescribed violationsEvery contravention that is designated under paragraph 73.1(1)(a) constitutes a prescribed violation and the person or entity that commits the prescribed violation is liable to a penalty determined in accordance with sections 73.1 and 73.11.
The Act is amended by adding the following before section 73.14:
Notice of violationIf the Centre believes on reasonable grounds that a person or entity has committed a prescribed violation or a compliance order violation, the Centre may issue and cause to be served on the person or entity a notice of violation.
The portion of subsection 73.14(1) of the Act before paragraph (a) is replaced by the following:
Contents of noticeWhen the Centre issues a notice of violation, the notice shall name the person or entity believed to have committed a violation, identify the violation and set out
Subsection 73.15(4) of the Act is replaced by the following:Notice of decision and right of appealThe Director shall cause notice of any decision made under subsection (2) or the penalty imposed under subsection (3) to be issued and served on the person or entity together with, in the case of a decision made under subsection (2) in respect of a serious violation, a very serious violation or a compliance order violation, notice of the right of appeal under subsection 73.21(1).
The heading before section 73.16 and sections 73.16 to 73.2 of the Act are replaced by the following:Compliance Agreements, Compliance Orders and Compliance Order Violations
Compliance agreementIf a person or entity has committed a prescribed violation, then as soon as feasible after proceedings with respect to that prescribed violation are ended, the Centre shall require the person or entity to enter into a compliance agreement with the Centre.Mandatory contentThe compliance agreement shall identify the prescribed violation and the provision to which it relates and, in addition to any other terms to which the parties may agree, shall include the following terms:the measures that are to be taken by the person or entity to comply with the provision; andthe deadline for complying with the agreement.Extension of deadlineThe Centre may amend the agreement by extending the deadline referred to in paragraph (2)(b) by a maximum period of one year if it is satisfied that the person or entity is making substantial progress in meeting the terms of the agreement, such that an extension would encourage compliance with this Act.Refusal to enter into agreementUnless the person or entity enters into a compliance agreement within six months after the Centre requires it, or within any other longer period that the Centre allows, the person or entity is deemed to have refused to enter into a compliance agreement.
Compliance orderIf a person or entity refuses to enter into a compliance agreement or fails to comply with such an agreement before the deadline referred to in paragraph 73.16(2)(b), the Director of the Centre shall, as soon as feasible after the refusal or the deadline, as the case may be, make a compliance order and cause it to be served on the person or entity.Mandatory contentThe compliance order shall identify the name of the person or entity that committed the prescribed violation and the provision to which the violation relates, specify that the person or entity refused to enter into a compliance agreement or that they failed to comply with one, as the case may be, and include the following terms:a requirement that the person or entity comply with the provision;a requirement that the person or entity make public the measures taken or to be taken by the person or entity to comply with the provision; andthe deadline for complying with the order.ReasonsThe Director may include in the order the reasons for making it, including the relevant facts, analysis and considerations that formed part of the decision.Publication of compliance orderAs soon as feasible after making the compliance order, the Director shall make it public.Extension of deadline for complianceThe Director may amend the order by extending the deadline referred to in paragraph (2)(c) by a maximum period of one year if the Director is satisfied that the person or entity is making substantial progress in meeting the terms of the order, such that an extension would encourage compliance with this Act.
Compliance order violationThe contravention of a compliance order made under section 73.17 is a compliance order violation and the person or entity that commits the compliance order violation is liable to a penalty determined in accordance with subsection (2).PenaltyThe amount of a penalty for a compliance order violation shall, in each case, be determined in accordance with section 73.11 and shall not exceedin the case of a person, the greater of $5,000,000 and 3% of the person’s gross global income in the year before the one in which the penalty is imposed; andin the case of an entity, the greater of $30,000,000 and 3% of the entity’s gross global revenue in its financial year before the one in which the penalty is imposed.Gross global revenue — affiliated entitiesIf an entity is part of a group of entities that are affiliated, within the meaning of subsection 9.8(2), then, for the purpose of determining the maximum penalty applicable to the entity under paragraph (2)(b), the entity’s gross global revenue is deemed to be the gross global revenue of the group for the financial year before the one in which the penalty is imposed.
Subsection 73.21(1) of the Act is replaced by the following:
Right of appealA person or entity on which a notice of a decision made under subsection 73.15(2) is served, in respect of a serious violation, a very serious violation or a compliance order violation, may, within 30 days after the day on which the notice is served, or within any longer period that the Court allows, appeal the decision to the Federal Court.
Subsection 73.21(3) of the Act is repealed.
The portion of subsection 73.22(1) of the Act before paragraph (a) is replaced by the following:
PublicationIn the following cases, the Centre shall make public, as soon as feasible, the nature of the violation, the name of the person or entity and the amount of the applicable penalty:
Paragraphs 73.22(1)(c) and (d) of the Act are repealed.
Subsection 73.27(1) of the Act is replaced by the following:
Collecting penaltiesThe Centre may, for the purpose of collecting penalties proposed in a notice of violation or imposed under this Part, enter into a contract, memorandum of understanding or other agreement with a department or an agency of the Government of Canada or the government of a province and with any other person or organization, inside Canada, in its own name or in the name of His Majesty in right of Canada.
Section 73.4 of the Act is replaced by the following:
EvidenceIn a proceeding in respect of a violation or a prosecution for an offence, a notice of violation purporting to be issued under section 73.131, a notice of decision purporting to be issued under subsection 73.15(4) or a certificate purporting to be made under subsection 73.26(1) is admissible in evidence without proof of the signature or official character of the person appearing to have signed it.
The portion of subsection 74(1) of the Act before paragraph (a) is amended by replacing “sections 9.5 to 9.7” with “section 9.5, subsections 9.6(1), (2) and (3), sections 9.61, 9.7”.The portion of subsection 74(1) of the Act before paragraph (a) is amended by replacing “11.1” with “11.1, 11.4001”.Paragraphs 74(1)(a) and (b) of the Act are replaced by the following:on summary conviction, to a fine of not more than $2,500,000 or to imprisonment for a term of not more than two years less a day, or to both; oron conviction on indictment, to a fine of not more than $5,000,000 or to imprisonment for a term of not more than five years, or to both.Paragraphs 74(2)(a) and (b) of the Act are replaced by the following:on summary conviction, to a fine of not more than $2,500,000 or to imprisonment for a term of not more than two years less a day, or to both; oron conviction on indictment, to a fine of not more than $5,000,000 or to imprisonment for a term of not more than five years, or to both.
Paragraphs 75(1)(a) and (b) of the Act are replaced by the following:on summary conviction, to a fine of not more than $10,000,000 or to imprisonment for a term of not more than two years less a day, or to both; oron conviction on indictment, to a fine of not more than $20,000,000 or to imprisonment for a term of not more than five years, or to both.
The portion of section 76 of the English version of the Act before paragraph (a) is replaced by the following:
DisclosureEvery person or entity that contravenes section 8 is guilty of an offence and liable
Paragraphs 76(a) and (b) of the Act are replaced by the following:on summary conviction, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than one year, or to both; oron conviction on indictment, to a fine of not more than $2,500,000 or to imprisonment for a term of not more than two years, or to both.
Sections 77 to 77.1 of the Act are replaced by the following:
Reporting — section 9Every person or entity that contravenes subsection 9(1) or (3) is guilty of an offence and liable on summary conviction to a fine of not more than $10,000,000.Reporting — section 11.43Every person or entity that contravenes section 11.43, only insofar as it relates to any required reporting measure as contemplated by paragraph 11.42(2)(e) and specified in a directive issued under subsection 11.42(1), is guilty of an offence and liable on summary conviction to a fine of not more than $10,000,000.
Verifications and reviews — sections 9.92 and 9.93Every person or entity that knowingly contravenes section 9.92 or 9.93 is guilty of an offence and liableon summary conviction, to a fine of not more than $2,500,000 or to imprisonment for a term of not more than two years less a day, or to both; oron conviction on indictment, to a fine of not more than $5,000,000 or to imprisonment for a term of not more than five years, or to both.
Provision of informationEvery person or entity that, under this Act, is required to provide information to the Centre or to a person responsible for carrying out functions under this Act is guilty of an offence if they knowinglywithhold material information;make a false or misleading statement, including by omission; orprovide false or misleading information, including by omission.PunishmentEvery person or entity that commits an offence under subsection (1) is liableon summary conviction, to a fine of not more than $2,500,000 or to imprisonment for a term of not more than two years less a day, or to both; oron conviction on indictment, to a fine of not more than $5,000,000 or to imprisonment for a term of not more than five years, or to both.
The portion of subsection 77.2(2) of the English version of the Act before paragraph (a) is replaced by the following:PunishmentEvery person or entity that commits an offence under subsection (1) is liableParagraphs 77.2(2)(a) and (b) of the Act are replaced by the following:on summary conviction, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than one year, or to both; oron conviction on indictment, to a fine of not more than $2,500,000 or to imprisonment for a term of not more than five years, or to both.
Paragraphs 77.3(3)(a) and (b) of the Act are replaced by the following:on summary conviction, to a fine of not more than $1,000,000 or imprisonment for a term of not more than two years less a day, or to both; oron conviction on indictment, to a fine of not more than $2,500,000 or imprisonment for a term of not more than five years, or to both.
Paragraphs 77.4(a) and (b) of the Act are replaced by the following:on summary conviction, to a fine of not more than $2,500,000 or to imprisonment for a term of not more than two years less a day, or to both; oron conviction on indictment, to a fine of not more than $5,000,000 or to imprisonment for a term of not more than five years, or to both.
Subsection 81(1) of the Act is replaced by the following:
Time limitation — five yearsProceedings under paragraph 74(1)(a), 74(2)(a), 75(1)(a) or 76(a), subsection 77(1) or (2) or paragraph 77.1(2)(a) or 77.2(2)(a) may be instituted within, but not after, five years after the time when the subject-matter of the proceedings arose.
Subsection 83.3(1) of the French version of the Act is replaced by the following:
Documents : inscriptionToute personne ou entité déterminée qui, à la date de référence, est inscrite auprès du Centre en application de l’article 11.1 lui fournit, selon les modalités réglementaires, les documents visés aux alinéas 11.12(1)b) et c), au plus tard au deuxième anniversaire.
Consequential and Related Amendments2021, c. 23, s. 177Retail Payment Activities Act
Paragraphs 48(1)(c) and (d) of the Retail Payment Activities Act are replaced by the following:the applicant has been found guilty of an offence under section 74, 75 or 76, subsection 77(1) or section 77.01 or 77.1 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act;during the five-year period before the day on which the application was submitted, the Director of the Centre, under subsection 73.15(4) of that Act, caused a notice of a decision or of an imposed penalty to be issued and served on the applicant in respect of a serious violation, a very serious violation or a compliance order violation under that Act;
Paragraphs 52(b) and (c) of the Act are replaced by the following:the payment service provider has been found guilty of an offence under section 74, 75 or 76, subsection 77(1) or section 77.01 or 77.1 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act;the Director of the Centre, under subsection 73.15(4) of that Act, has caused a notice of a decision or of an imposed penalty to be issued and served on the payment service provider in respect of a serious violation, a very serious violation or a compliance order violation under that Act;
SOR/2007-292Proceeds of Crime (Money Laundering) and Terrorist Financing Administrative Monetary Penalties Regulations
The portion of section 3 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Administrative Monetary Penalties Regulations before paragraph (a) is replaced by the following:
The contravention of any of the following provisions is a violation that may be proceeded with under Part 4.1 of the Act:
Subsection 4(2) of the Regulations is replaced by the following:A series of minor violations identified on a notice of violation shall be considered to be a serious violation for the purpose of section 73.21 of the Act if the total of the penalties for the violations set out in the notice is equal to or greater than $400,000.
Section 5 of the Regulations is replaced by the following:
Subject to subsections 73.1(2) and (3) of the Act, the range of penalties in respect of a violation is$1 to $40,000 in the case of a minor violation;$1 to $4,000,000 in the case of a serious violation; and$1 to $20,000,000 in the case of a very serious violation.
Part 1 of the schedule to the Regulations is amended by adding the following after item 9:Column 1Column 2ItemProvision of ActClassification of Violation9.19.6(1.1)Very serious
The portion of items 196 to 201 of Part 2 of the schedule to the Regulations in column 3 is replaced by the following:Column 3ItemClassification of Violation196Very serious197Very serious198Very serious199Very serious200Very serious201Very serious
Transitional Provisions
DefinitionsThe following definitions apply in this section and in sections 122 and 123.commencement day means the day on which this section comes into force. (date de référence)former Act means the Proceeds of Crime (Money Laundering) and Terrorist Financing Act as it read immediately before the commencement day. (ancienne loi)new Act means the Proceeds of Crime (Money Laundering) and Terrorist Financing Act as it reads on the commencement day. (nouvelle loi)
Violations — former ActPart 4.1 of the former Act continues to apply with respect to any violation, as defined in subsection 2(1) of the former Act, alleged to have been committed before the commencement day.
Violations — new ActFor greater certainty, Part 4.1 of the new Act applies with respect to any compliance order violation or prescribed violation, as those terms are defined in subsection 2(1) of the new Act, alleged to have been committed on or after the commencement day.
Coming into Force
Order in councilSubsection 76(3), sections 77, 80 and 82, subsections 87(2) and (4), section 88, subsection 89(1), sections 91 to 93, subsection 105(2) and section 113 come into force on a day to be fixed by order of the Governor in Council.
Legislation Related to Financial Institutions (Supervisory Committee)R.S., c. 18 (3rd Supp.), Part IOffice of the Superintendent of Financial Institutions Act
Subsection 18(1) of the Office of the Superintendent of Financial Institutions Act is amended by striking out “and” at the end of paragraph (c), by adding “and” at the end of paragraph (d) and by adding the following after paragraph (d):the Director of the Financial Transactions and Reports Analysis Centre of Canada.
2000, c. 17; 2001, c. 41, s. 48Proceeds of Crime (Money Laundering) and Terrorist Financing Act
The Proceeds of Crime (Money Laundering) and Terrorist Financing Act is amended by adding the following after section 53.4:
Office of the Superintendent of Financial Institutions ActFor the purpose referred to in subsection 18(3) of the Office of the Superintendent of Financial Institutions Act, the Director may disclose to, and collect from, the other members of the committee established under subsection 18(1) of that Act any information referred to in that subsection 18(3).Limitation — DirectorThe Director may disclose information under subsection (1) only if it relates to compliance with Part 1 or 1.1.
2004, c. 10Sex Offender Information Registration ActAmendments to the Act
Subsection 2(1) of the Sex Offender Information Registration Act is replaced by the following:
PurposeThe purpose of this Act is to help police services and other law enforcement agencies prevent and investigate crimes of a sexual nature by requiring the registration of certain information relating to sex offenders.
Paragraph 2(2)(a) of the Act is replaced by the following:in the interest of protecting society through the effective prevention and investigation of crimes of a sexual nature, police services and other law enforcement agencies must have rapid access to certain information relating to sex offenders;Subparagraph 2(2)(c)(i) of the Act is replaced by the following:the information be collected only to enable police services and other law enforcement agencies to prevent or investigate crimes of a sexual nature, and
Paragraph (b) of the definition member of a police service in subsection 3(1) of the English version of the Act is replaced by the following:in an area in which an Indigenous police service is responsible for policing, a member of that police service. (membre d’un service de police)Subsection 3(1) of the Act is amended by adding the following in alphabetical order:Indigenous governing body means a council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982. (corps dirigeant autochtone)
Paragraph 4(1)(d) of the Act is replaced by the following:they are released from custody on the expiry of the sentence for the offence in connection with which the order is made or on statutory release, full parole or day parole, as those terms are defined in subsection 99(1) of the Corrections and Conditional Release Act, or work release as defined in subsection 18(1) of that Act.
Subsection 4.1(1) of the Act is amended by adding the following after paragraph (b):within seven days after a change to the license plate number, make, model, body type, year of manufacture or colour of a motor vehicle that is registered in their name or that they use regularly or, if they are required to report to a registration centre designated under the National Defence Act, within 15 days after the change;Paragraph 4.1(1)(c) of the Act is replaced by the following:within 30 days before each anniversary of the day on which they were required to report to a registration centre under subsection 4(1) or (2), as the case may be.
Subsection 5(3) of the Act is replaced by the following:Additional informationWhen a sex offender reports to a registration centre in person, the person who collects the information referred to in subsection (1) may record any physical characteristic that may assist in the sex offender’s identification, including their eye colour, hair colour and any tattoos and distinguishing marks, and may require that the sex offender’s photograph be taken.
Section 6 of the Act is amended by adding the following after subsection (1.02):For greater certaintyFor greater certainty, the death of a family member of the sex offender, a critical illness affecting a family member of the sex offender or another family emergency may constitute a reasonable excuse, having regard to the circumstances.
The Act is amended by adding the following after section 15.2:
Canada Border Services Agency — disclosure of informationThe Canada Border Services Agency may disclose the following information in respect of a sex offender to a member or employee of, or a person retained by, a law enforcement agency for the purpose of the administration or enforcement of this Act:the surname, first name and middle names, any alias, the date of birth, the citizenship or nationality and the sex of the sex offender;the type and number of each travel document that identifies the sex offender and the name of the country or organization that issued it;the date, time and place of the sex offender’s departure from Canada, their country of destination, the date, time and place of their arrival in Canada and the last country from which they arrived; andin the case of an arrival in or departure from Canada by aircraft, the flight code that identifies the air carrier, as defined in subsection 3(1) of the Aeronautics Act, and the flight number.
Paragraph 16(2)(b.1) of the Act is replaced by the following:a member or employee of, or a person retained by, a police service who consults information at a registration centre designated under the National Defence Act to verify compliance by a sex offender who is subject to the Code of Service Discipline — or who is an officer, or non-commissioned member, of the primary reserve as defined in section 227 of the National Defence Act — with an order or with an obligation under section 490.019 or 490.02901 of the Criminal Code, section 227.06 of the National Defence Act or section 36.1 of the International Transfer of Offenders Act;Subsection 16(2) of the Act is amended by adding the following after paragraph (c):a member or employee of, or a person retained by, the Canada Border Services Agency who consults the information in order to exercise the functions or perform the duties assigned to them under an Act of Parliament;The portion of paragraph 16(4)(c) of the Act before subparagraph (i) is replaced by the following:unless the disclosure is to a member or employee of, or a person retained by, a law enforcement agency and there are reasonable grounds to believe that the disclosure willSubparagraphs 16(4)(c)(i) to (iv) of the English version of the Act are replaced by the following:assist them in the investigation of an offence under section 17 or in the laying of a charge for such an offence,assist them in the verification of the sex offender’s compliance with section 5,assist them in the prevention or investigation of a crime of a sexual nature, an offence under section 119.1 of the National Defence Act, an offence under section 490.031 or 490.0311 of the Criminal Code or an offence under either of those provisions that is punishable under section 130 of the National Defence Act or assist them in the laying of a charge for such an offence,assist them in the investigation of a criminal offence or a service offence, as defined in subsection 2(1) of the National Defence Act or in the laying of a charge for such an offence, as long as the investigation or charge results from an investigation referred to in subparagraph (ii), orassist them in obtaining a warrant under subsection 490.03121(1) of the Criminal Code and executing the warrant;Subsection 16(4) of the Act is amended by adding the following after paragraph (c):unless the disclosure is made to a victim of or witness to a crime of a sexual nature by a member or employee of, or a person retained by, a law enforcement agency who received the information under paragraph (c) and there are reasonable grounds to believe that the disclosure will assist in the investigation of the crime;unless the disclosure is to a department or agency of the Government of Canada or of a provincial, territorial or municipal government in Canada or to an Indigenous governing body and there are reasonable grounds to believe that the disclosure will assist in the prevention or investigation of a crime of a sexual nature;Paragraphs 16(4)(j.1) and (j.2) of the Act are replaced by the following:unless the disclosure is to a member or employee of, or a person retained by, a law enforcement agency outside Canada and there are reasonable grounds to believe the disclosure will assist them in the prevention or investigation of a crime of a sexual nature;unless the disclosure is to the Canada Border Services Agency, it is limited to the information referred to in paragraphs 5(1)(a), (b), (i) and (j) and there are reasonable grounds to believe that it will assist a member or employee of, or a person retained by, a law enforcement agency in the prevention or investigation of a crime of a sexual nature or an offence under section 490.031 or 490.0311 of the Criminal Code or in the laying of a charge for such an offence;
Section 17 of the Act is replaced by the following:
OffenceEvery person who knowingly contravenes any of subsections 16(1) to (5) is guilty of an offence and liable on summary conviction to a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or to both.For greater certaintyFor greater certainty, a person is not guilty of an offence under subsection (1) if they believed that they were acting in accordance with section 16.
The English version of the Act is amended by replacing “gender” with “sex” in the following provisions:paragraph 5(1)(b);subparagraph 8(a)(vi);paragraph 8.1(1)(g); andparagraphs 8.2(1)(f) and (2)(g).
R.S., c. 1 (2nd Supp.)Related Amendment to the Customs Act
Subsection 107(5) of the Customs Act is amended by adding the following after paragraph (l.3):any person who may receive information under section 15.2 or 15.3 of the Sex Offender Information Registration Act, solely for the purpose for which the information is provided;
(Section 10)(Sections 2, 5 to 7.1, 10, 55, 60.1 and 60.2)Controlled SubstancesColumn 1Column 2ItemSubstancePeriod1Carisoprodol (2-((carbamoyloxy)methyl)-2-methylpentylisopropylcarbamate)April 14, 2025 to April 13, 2026
PrecursorsTABLE 1 — Class A PrecursorsColumn 1Column 2ItemSubstancePeriod1Phenethyl bromide ((2-bromoethyl)benzene)April 14, 2025 to April 13, 20262Propionic anhydride (propanoic anhydride)May 29, 2025 to May 28, 2026
TABLE 2 — Class B PrecursorsColumn 1Column 2ItemSubstancePeriod1Benzyl chloride ((chloromethyl)benzene)May 29, 2025 to May 28, 2026
TABLE 3 — Preparations and Mixtures Containing PrecursorsColumn 1Column 2ItemSubstancePeriod‍1Any preparation or mixture that contains phenethyl bromide ((2-bromoethyl)benzene)April 14, 2025 to April 13, 20262Any preparation or mixture that contains propionic anhydride (propanoic anhydride)May 29, 2025 to May 28, 20263Any preparation or mixture that contains benzyl chloride ((chloromethyl)benzene)May 29, 2025 to May 28, 2026