SECD – Bill C-12 – February 9, 2026

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

First reading, October 8, 2025

Minister of Public Safety

Recommendation

Her 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”.

Summary

Part 1 amends the Customs Act to provide the Canada Border Services Agency with facilities free of charge for carrying out any purpose related to the administration or enforcement of that Act and other Acts of Parliament and to provide officers of that Agency with access at certain locations to goods destined for ex­port. It also includes transitional provisions.

Part 2 amends the Controlled Drugs and Substances Act to cre­ate a new temporary accelerated scheduling pathway that allows the Minister of Health to add precursor chemicals to Schedule V to that Act. It also makes related amendments to the Controlled Drugs and Substances Act (Police Enforcement) Regulations and the Precursor Control Regulations.

Part 3 amends the Controlled Drugs and Substances Act and the Cannabis Act to confirm that the Governor in Council may, on the recommendation of the Minister of Public Safety and Emer­gency Preparedness, make regulations exempting members of law enforcement from the application of any provision of the Criminal Code that creates drug-related inchoate offences when they are undertaking lawful investigations.

Part 4 amends the Oceans Act to provide that coast guard ser­vices include activities related to security and to authorize the re­sponsible minister to collect, analyze and disclose information and intelligence.

Part 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,

1. eliminate the designated countries of origin regime;
2. authorize the Minister of Citizenship and Immigration to specify the information and documents that are required in support of a claim for refugee protection;
3. 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;
4. 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;
5. require the Refugee Protection Division and the Refugee Appeal Division to suspend certain proceedings respecting a claim for refugee protection if the claimant is not present in Canada;
6. clarify that decisions of the Immigration and Refugee Board must be rendered, and reasons for those decisions must be given, in the manner specified by its Chairperson; and
7. authorize regulations to be made setting out the circum­stances in which the Minister of Citizenship and Immigration or the Minister of Public Safety and Emergency Preparedness must designate, in relation to certain proceedings or applica­tions, a representative for persons who are under 18 years of age or who are unable to appreciate the nature of the pro­ceeding or application.

It also includes transitional provisions.

Part 7 amends the Immigration and Refugee Protection Act to, among other things,

1. 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;
2. 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;
3. for the application of an order referred to in paragraph (b), require a person to appear for an examination, answer questions truthfully and produce all relevant documents or evidence that an officer requires; and
4. authorize the Governor in Council to make regulations prescribing circumstances in which a document issued under that Act can be cancelled, suspended or varied, and in which officers may terminate the processing of certain applications made under that Act.

Part 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 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,

1. 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;
2. replace the existing optional compliance agreement regime with a new mandatory compliance agreement regime that, among other things,
   1. 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),
   2. requires the Director of the Centre to make a compli­ance order if the person or entity refuses to enter into a compliance agreement or fails to comply with such an agreement, and
   3. designates the contravention of a compliance order as a new violation under that Act;
3. require persons or entities referred to in section 5 of that Act, other than those already required to register, to enroll with the Centre; and
4. authorize the Centre to disclose certain information to the Commissioner of Canada Elections, subject to certain condi­tions.

It also makes consequential and related amendments to 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,

1. 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;
2. 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;
3. 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;
4. 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;
5. authorize, in certain circumstances, the disclosure of in­formation collected under that Act if there are reasonable grounds to believe that it will assist in the prevention or in­vestigation of a crime of a sexual nature; and
6. clarify that a person who discloses information under sec­tion 16 of that Act with the belief that they are acting in accor­dance with that section is not guilty of an offence under sec­tion 17 of that Act.

It also makes a related amendment to the Customs Act.

Table of Provisions

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

Short Title: Strengthening Canada’s Immigration System and Borders Act

Part 1: Customs Act

Part 2: Controlled Drugs and Substances Act

Part 3: Police Enforcement of the Controlled Drugs and Substances Act and the Cannabis Act

Part 4: Oceans Act

Part 5: Information Sharing — Immigration, Refugees and Citizenship

Part 6: Immigration and Refugee Protection Act (In-Canada Asylum System)

Part 7: Immigration and Refugee Protection Act (Certain Measures in Respect of Applications and Documents)

Part 8: Immigration and Refugee Protection Act (Ineligibility)

Part 9: Proceeds of Crime (Money Laundering) and Terrorist Financing Act

Part 10: Legislation Related to Financial Institutions (Supervisory Committee)

Part 11: Sex Offender Information Registration Act

Bill C-12

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

His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

This Act may be cited as the Strengthening Canada’s Immigration System and Borders Act.

Part 1

R.S., c. 1 (2nd Supp.)

Customs Act

Amendments to the Act

2 (1) The portion of subsection 6(1) of the Cus­toms Act before paragraph (a) is replaced by the following:

Customs facilities

6 (1) The owner or operator of any of the following bridges, tunnels, railways, airports, wharves or docks 10 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 sec- 15 tion 2 of the Canada Border Services Agency Act:

(2) Paragraphs 6(1)(a) and (b) of the English ver­sion of the Act are replaced by the following:

(a) an international bridge or tunnel, for the use of which a toll or other charge is payable,

(b) a railway operating internationally, or

(3) Subsection 6(1) of the Act is amended by re­placing paragraph (c) and the portion after para- 5 graph (c) with the following:

(c) 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 10 been designated under section 5.

(4) Subsection 6(3) of the French version of the Act is replaced by the following:

Règlements

(3) Sous réserve du paragraphe (4), le gouverneur en conseil peut, par règlement, déterminer les locaux ou 15 autres installations qui sont adéquats aux fins visées au paragraphe (1).

3 The heading of Part V of the Act is replaced by the following:

Exportation

4 The Act is amended by adding the following af­ter section 97:

Officer’s access to goods - transportation

97.01 Every 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 25 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.

Officer’s access to goods – warehouses

97.02 The 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 35 container of goods destined for export or remove any packaging from those goods.

Transitional Provisions

No action against owners or operators

5 (1) No 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 5 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 10 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 majesty

(2) No action or judicial proceeding by an owner or operator referred to in subsection 6(1) of the 15 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 20 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 25 defined in section 2 of the Canada Border Ser­vices Agency Act.

Pending action or judicial proceeding

(3) Subsections (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.

Part 2

1996, c. 19

Controlled Drugs and Substances Act

Amendments to the Act

6 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; (Controlled Substance)

precursor means a substance included in Part 2 of Schedule V or in Schedule VI; (precursor)

7 Paragraph 55(1)(u) of the Act is repealed.

8 Section 60.1 of the Act is amended by adding the following after subsection (2):

Relevant information

(3) In making an order under subsection (1) or (2), the Minister may take into account any relevant information 10 provided by the Minister of Public Safety and Emergency Preparedness.

Deletion of item or portion of item

(4) An item or portion of an item is deleted from Sched­ule V on the earliest of
(a)the day specified in an order made under subsection (2) in relation to that item or portion of an item,
(b)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, and
(c)the end of the period set out for the item in question.

9 The Act is amended by adding the following af­ter section 60.1:

Amending schedules to regulations

60.2 The Governor in Council may make regulations authorizing the Minister

(a) to 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; and

(b) to make, by order, any other amendment to a schedule to a regulation made under this Act that is 30 consequential or related to an addition or deletion re­ferred to in paragraph (a).

10 Schedule V to the Act is replaced by the Schedule V set out in the schedule to this Act.

Related Amendments

Controlled Drugs and Substances Act (Police Enforcement) Regulations

11 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:

(a) the portion of section 5.1 before paragraph (a); and

(b) the portion of section 5.2 before paragraph (a).

Precursor Control Regulations

12 The definitions Class A precursor and Class B 10 precursor in section 1 of the Precursor Control Regulations are replaced by the following:
Class A precursor means any of the following precur­sors:
(a) a precursor included in Table 1 of Part 2 of Sched- 15 ule V to the Act;
(b) 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;
(c) a precursor included in Part 1 of Schedule VI to 20 the Act;
(d) 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. (Class A Precursor)

Class B precursor means any of the following precur­sors:
(a) a precursor included in Table 2 of Part 2 of Sched­ule V to the Act;
(b) a preparation or mixture included in Table 3 of 30 Part 2 of Schedule V to the Act that contains a precur­sor included in Table 2 of Part 2 of that Schedule;
(c) a precursor included in Part 2 of Schedule VI to the Act;
(d) 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. (Class B precursor)

13 The Regulations are amended by adding the following after section 91:

Temporarily Scheduled Precursors

91.01 (1) The Minister may, by order, add to the sched- 10 ule a temporarily scheduled precursor and the maximum quantity for it that the Minister considers appropriate.
(2) 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.
(3) 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.
(4) 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.

14 The schedule to the Regulations is amended by replacing the references after the heading 25 “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)

15 The heading of column 1 of the schedule to 30 the Regulations is replaced by “Substance”.

16 The schedule to the Regulations is amended by adding the following after item 33:

17 The Regulations are amended by replacing “in Part 1 of Schedule VI” with “in Table 1 of Part 35 2 of Schedule V or in Part 1 of Schedule VI” in the following provisions:

1. subsection 8(2);
2. subparagraph 14(1)(b)(iii);
3. subparagraphs 25(1)(c)(iii) and (iv);
4. paragraph 28.1(1)(e);
5. subparagraphs 32(1)(c)(iii) and (iv);
6. paragraph 35.1(1)(e);
7. subparagraphs 39(1)(d)(iii) and (iv);
8. subparagraphs 47(2)(a)(ii) and (4)(d)(ii);
9. subparagraph 48(1)(c)(iii) and paragraph 48(1)(d);
10. section 50;
11. paragraph 54(a);
12. subparagraph 85(1)(a)(iii) and paragraph 85(1)(c); and
13. subparagraphs 91(3)(d)(iii) and (iv).

18 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:

1. section 55;
2. subparagraph 60(1)(c)(ii);
3. subparagraphs 69(1)(c)(ii) and (iii);
4. paragraph 72.1(1)(e);
5. subparagraph 76(1)(c)(iii) and paragraph
6. 76(1)(d);
7. section 78;
8. paragraph 82(a); and
9. subparagraph 85(4)(a)(ii).

19 The Regulations are amended by replacing “in Parts 1 or 2 of Schedule VI” with “in Table 1 or 30 2 of Part 2 of Schedule V or in Part 1 or 2 of Sched­ule VI” in the following provisions:

1. paragraph 86(2)(b) and subparagraph 86(3)(c)(iii); and
2. (b) subparagraphs 91(1)(d)(iii) and (iv).

Repeal

20 The Order Amending Schedule V to the Con­trolled Drugs and Substances Act (Fentanyl Pre­cursors and Carisoprodol) is repealed.

Coordinating Amendments

SOR/2025-64

21 (1) The following definitions apply in this section.

Order means the Order Amending Schedule V to the Controlled Drugs and Substances Act (Fen-tanyl Precursors and Carisoprodol). (Stopped)

other Act means the Controlled Drugs and Substances Act. (other law)

(2) 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 15 that section 10 comes into force.
(3) 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 20 is deleted from that Schedule V.
(4) 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 25 beginning of the day on which that section 10 comes into force.
(5) 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 30 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.
(6) If section 4 of the Order comes into force be­fore section 10 of this Act, then item 2 of Table 1 35 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.
(7) 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 5 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.
(8) If section 5 of the Order comes into force be­fore section 10 of this Act, then item 1 of Table 2 10 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.
(9) If section 5 of the Order comes into force on 15 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.

Part 3

Police Enforcement of the Controlled Drugs and Substances Act and the Cannabis Act

1996, c. 19

Controlled Drugs and Substances Act

22 (1) Subsection 55(2) of the Controlled Drugs and Substances Act is amended by adding the following after paragraph (b):
(b.1) exempting, on any terms and conditions that are specified in the regulations, a member of a police force 25 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 30 an accessory after the fact in relation to, or counselling in relation to, an offence under this Act;
(2) Subsection 55(2.1) of the Act is amended by adding the following after paragraph (b):
(b.1) 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 un- 5 der 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 10 in relation to, an offence under this Act;

2018, c. 16

Cannabis Act

23 (1) Subsection 139(6) of the Cannabis Act is amended by adding the following after paragraph (b):
graph (b):
(b.1) 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;
(2) Subsection 139(7) of the Act is amended by adding the following after paragraph (b):

(b.1) 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 applica- tion 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

Confirmation

24 The 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:
(a) the Controlled Drugs and Substances Act (Police Enforcement) Regulations, made on
April 22, 1997 and registered as SOR/97-234;
(b)the Cannabis Act (Police Enforcement) Regulations, made on June 26, 2018 and regis­tered as SOR/2018-151; and
(c)any regulations, made before the day on which this Act receives royal assent, amending 10 one or both of those Regulations.

Part 4

1996, c. 31

Oceans Act, Amendments to the Act

25 (1) The portion of subsection 41(1) of the Oceans Act before paragraph (a) is replaced by the following:

Coast guard services

41 (1) The Minister, or any other member of the King’s Privy Council for Canada designated by the Governor in Council for the purposes of this section, 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
(2) 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:
(e)the support of departments, boards and agencies of the Government of Canada through the provision of ships, aircraft and other services; and 
(f) security, including security patrols and the collection, analysis and disclosure of information or intelli­gence.
(3) Subsection 41(2) of the Act is replaced by the following:

Cost-effectiveness

(2) The Minister, or any other member of the King’s Privy Council for Canada designated under subsection (1), shall ensure that the services referred to in subpara­graphs (1)(a)(i) to (iv) are provided in a cost-effective manner.
26 The Act is amended by adding the following after section 41:

Powers with respect to information and intelligence

41.1 In 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 Coun- 10 cil for Canada designated under subsection 41(1), may collect, analyze and disclose information or intelligence.

Coming into Force

Day after royal assent

27 This Part comes into force on the day after the day on which this Act receives royal assent.

Part 5

Information Sharing — Immigration, Refugees and Citizenship

1994, c. 31

Department of Citizenship and Immigration Act

28 The Department of Citizenship and Immigration Act is amended by adding the following after section 5.2:

Disclosure of Personal Information

Definition of Personal Information

5.3 In sections 5.4 to 5.7, personal information has the 20 same meaning as in section 3 of the Privacy Act.

Disclosure within Department

5.4 Subject 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 Department

5.5 (1) Subject to any regulations made under section 5.7, and under a written agreement or arrangement that 5 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 10 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:

(a) the identity of an individual and any changes totheir identity;
(b) the status of an individual in Canada and any changes to their status;
(c) 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 Parlia- 25 ment 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.

Prohibition

(2) It 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 done

1. with the written consent of the Minister; and
2. in 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 authorities

6 For 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.

Regulations

5.7 For the purposes of sections 5.4 and 5.5, the Governor in Council may make regulations respecting:
(a) the disclosure of personal information under the control of the Department, including conditions for or limits on disclosure and the specification of purposes for disclosure; and
(b) the meaning of terms used in those sections.

2001, c. 27

Immigration and Refugee Protection Act

29 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 15 the following after paragraph (e):
(f) 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 20 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.

Part 6

Immigration and Refugee Protection Act (In-Canada Asylum System)

2001, c. 27

Amendments to the Act

30 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.‍ (English version only)
31 The Act is amended by adding the following after section 6:

Representation

6.‍1 (1) The 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 information

(2) The Minister may disclose the personal information of the person who is the subject of the proceeding or application to the representative.

Regulations

(3) The 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 respecting
(a) the responsibilities of a representative and the requirements that must be met to be designated as a representative;
(b) the circumstances in which a representative may make decisions on behalf of the person they represent; and
(c) the remuneration of a representative.
32 Subsection 14.‍1(6) of the English version of the Act is replaced by the following:

Non-application of instructions

(6) The instructions do not apply in respect of a prescribed class.

33 Section 23 of the French version of the Act is replaced by the following:

Autorisation d’entrer : contrôle complémentaire ou enquête

23 The money may be used to insert a person to enter Canada for the purpose of further examination or investigation under this Part.

34 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:

(a.‍1) 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;
(a.‍2) in any other case where their claim was determined by the Minister to be withdrawn, the later of
(i) the 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, and
(ii) the 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

35 Paragraph 25(1.‍2)‍(b) of the Act is replaced by the following:
(b) 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 Divison or the Refugee Appeal Division;

36 Paragraph 38(2)‍(d) of the English version of the Act is replaced by the following:
(d) 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).

37 Subsection 44(2) of the English version of the Act is replaced by the following:

Referral or removal order

(2) If 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.

38 The Act is amended by adding the following before section 45:

Presence in Canada

44.‍1 The 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.

39 (1) Subsection 49(1) of the English version of the Act is replaced by the following:

In force

49 (1) A removal order comes into force on
(a) the day on which it is made, if there is no right to appeal;
(b) the day after the day on which the appeal period expires, if there is a right to appeal and no appeal is made; or
(c) the day on which a final determination is made that has the effect of confirming the removal order, if an appeal is made.

(2) The portion of subsection 49(2) of the English version of the Act before paragraph (a) is replaced by the following:

In force — claimants

(2) Despite subsection (1), a removal order made with respect to a refugee protection claimant is conditional and comes into force

(3) Paragraphs 49(2)‍(a) to (e) of the Act are replaced by the following:
(a) on the day on which notice is Insertion provided that the claim has been determined to be ineligible only under paragraph 101(1)‍(e);
(b) seven days after the day on which notice is provided that end the claim has otherwise been determined to be ineligible under subsection 101(1);
(c) 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;
(d) 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 of
(i) the day after the day on which the applicable time limit expires, and
(ii) 15 days after the day on which notice of the rejection is provided;
(e) 15 days after the day on which the Refugee Appeal Division provides notice that the claim is rejected;
(f) on the day on which notice is provided that the claim has been determined to be withdrawn;
 (g) 15 days after the day on which notice is provided that the claim has been determined to be abandoned; or
(h) 15 days after the day on which proceedings are terminated as a result of a notice given under paragraph 104(1)‍(c) or (d).

40 Subsection 97(2) of the English version of the Act is replaced by the following:

Person in need of protection

(2) A person in Canada who is a member of a class of persons Insertion that is prescribed as being in need of protection is also a person in need of protection.

41 Subsection 99(3.‍1) of the Act is repealed.

42 The heading before section 100 of the Act is replaced by the following:

Consideration of Claims Prior to Referral

43 (1) Subsection 100(1) of the Act is replaced by the following:

Consideration of claims

100 (1) An officer Insertion must , after receiving a claim referred to in subsection 99(3), determine whether Insertion it end 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.

(2) The portion of subsection 100(2) of the Act before paragraph (a) is replaced by the following:

Suspension of consideration

(2) The officer or the Minister must suspend consideration of the person’s claim if

(3) Paragraph 100(2)‍(b) of the Act is replaced by the following:

(b) 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 change.

(4) Subsection 100(3) of the Act is replaced by the following:

Ineligibility — determination by Minister

(3) The 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).

(5) Subsection 100(4) of the Act is replaced by the following:

Documents and information to be provided

(4) A person who makes a claim for refugee protection Insertion 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.

(6) Subsection 100(4.‍1) of the Act is repealed.

(7) Subsection 100(5) of the Act is repealed.

44 The Act is amended by adding the following after section 100:

Referral of claims

100.‍1 (1) Subject to subsections 100(1) to (3) and section 102.‍2, the Minister must refer a claim for refugee protection to the Refugee Protection Division if

(a) the claim has been determined to be eligible for referral;

(b) the Minister has been provided with, and has had the opportunity to consider, the documents and information referred to in subsection 100(4); and

(c) in the case where the person who made the claim has been requested to appear for an examination, they have appeared for the examination.

Restriction

(2) The 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).

45 The Act is amended by adding the following after section 102:

Abandonment and Withdrawal of Claims

Abandoned claims

102.‍1 (1) If 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.

Determination

(2) Subject 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.

Limit

(3) Despite 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.

Requirements

(4) If 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 comply

(5) If 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).

Termination

(6) A proceeding under this section is terminated if
(a) the person who made the claim provides the Minister with the necessary documents and information or appears for the examination, as the case may be;
(b) the claim is determined under subsection 100(1) or (3) to be ineligible to be referred to the Refugee Protection Division; or
(c) a prescribed circumstance exists.

Withdrawal of claims

102.‍2 (1) The 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 claim

(2) Subject to the regulations, the Minister may, on application, reinstate a claim that the Minister has determined to be withdrawn.

46 Paragraph 104(1)‍(c) of the English version of the Act is replaced by the following:
(c) 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

47 The Act is amended by adding the following after section 104:

Presence in Canada

104.‍1 (1) The Refugee Protection Division must not commence, or must suspend, consideration of a claim for refugee protection for the purposes of subsection 107(1) if the claimant is not physically present in Canada.

Refugee Appeal Division

(2) The Refugee Appeal Division must not commence, or must suspend, consideration of an appeal, other than an appeal by the Minister, if the person who is the subject of the appeal is not physically present in Canada.

48 Section 109.‍1 of the Act and the heading before it are repealed.

49 (1) Paragraph 110(2)‍(d.‍1) of the Act is repealed.

(2) Subsections 110(3) and (3.‍1) of the Act are replaced by the following:

Procedure

(3) Subject 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.

50 Section 111 of the Act is amended by adding the following after subsection (2):

Confirmation of rejection

(3) If 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.

51 (1) Paragraph 111.‍1(1)‍(a) of the Act is replaced by the following:
(a) time limits for providing documents and information under subsection 100(4) and the extension of those time limits, including extensions by the Minister;

(2) Subsection 111.‍1(1) is amended by adding the following after paragraph (a):
(a.‍1) time limits for the Minister to consider claims under subsection 100(1);

(3) Paragraph 111.‍1(1)‍(b) of the Act is repealed.

(4) 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).

(5) Subsection 111.‍1(2) of the Act is repealed.

52 (1) The portion of paragraph 112(2)‍(b.‍1) of the Act before subparagraph (i) is replaced by the following:
(b.‍1) subject to subsection (2.‍1), less than 12 months have passed since

(2) Subsection 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:
(b.‍2) subject to subsection (2.‍1), less than 12 months have passed since

(i) the 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, or
(ii) in any other case where their claim for refugee protection was determined by the Minister to be withdrawn, the later of

(A) the 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, and

(B) the 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

(3) The portion of paragraph 112(2)‍(c) of the Act before subparagraph (i) is replaced by the following:

(c) subject to subsection (2.‍1), less than 12 months have passed since

(4) The portion of subsection 112(2.‍1) of the Act before paragraph (a) is replaced by the following:

Exemption

(2.‍1) The Minister may exempt from the application of paragraph (2)‍(b.‍1), (b.‍2) or (c)

53 Subsection 144(1) of the English version of the Act is replaced by the following:

Prosecution of designated offences

144 (1) In 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.

54 Paragraph 159(1)‍(g) of the Act is replaced by the following:

(g) 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;

55 (1) Paragraph 161(1)‍(a.‍1) of the Act is repealed.

(2) Subsection 161(1.‍1) of the Act is repealed.

56 Section 168 of the Act is amended by adding the following after subsection (1):

Clarification

(1.‍1) For 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.

57 Paragraph 169(e) of the English version of the Act is replaced by the following:

(e) 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 Insertion is provided; and

58 (1) Paragraph 170(d) of the Act is repealed.

(2) Paragraph 170(f) of the Act is replaced by the following:
(f) 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 Act

59 (1) In this section and sections 60 to 62, Act means the Immigration and Refugee Protection Act.

Words and expressions

(2) Unless 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 Act

60 Section 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 Act

61 Section 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 protection

62 Each 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:

(a) subsection 100(1) of the Act, as enacted by subsection 43(1);

(b) the portion of subsection 100(2) of the Act before paragraph (a), as enacted by subsection 43(2);

(c) paragraph 100(2)‍(b) of the Act, as enacted by subsection 43(3);

(d) subsection 100(3) of the Act, as enacted by subsection 43(4);

(e) subsection 100(4) of the Act, as enacted by subsection 43(5);

(f) section 100.‍1 of the Act; and

(g) sections 102.‍1 and 102.‍2 of the Act.

Coordinating Amendments

2023, c. 26

63 (1) If 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.

(2) 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 council

64 (1) Subject 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.

(2) Section 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.

Part 7 

Immigration and Refugee Protection Act (Certain Measures in Respect of Applications and Documents)

2001, c. 27

65 The Immigration and Refugee Protection Act is amended by adding the following after section 11.‍2:

Termination — processing of application

11.‍3 An officer may terminate the processing of an application for a visa or other document in the prescribed circumstances.

66 Subsection 14(2) of the Act is amended by adding the following after paragraph (b):

(b.‍1) the circumstances in which an officer may terminate the processing of an application for a visa or other document;

67 The Act is amended by adding the following after section 20:

Document — cancellation, suspension or variation

20.‍01 (1) An officer may, in the prescribed circumstances, cancel, suspend or vary a visa or other document.

For greater certainty

(2) For greater certainty, subsection (1) does not affect any other lawful authority to cancel, suspend or vary a visa or other document.

68 Subsection 24(1) of the French version of the Act is replaced by the following:

Permis de séjour temporaire

24 (1) A foreign national who is of the opinion that the officer is inadmissible or does not comply with this Act becomes a temporary resident if the officer is of the opinion that the circumstances warrant the issuance of a temporary resident permit — a temporary resident permit that may be cancelled at any time.

69 Subsection 26(1) of the Act is amended by adding the following after paragraph (b):

(b.‍01) the circumstances in which an officer may cancel, suspend or vary a visa or other document;

70 The Act is amended by adding the following after section 32:

DIVISION 3.‍1 

Examination — Foreign Nationals

Obligation — answer truthfully

32.‍1 (1) A 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 examination

(2) A 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 certainty

(3) For greater certainty, subsections (1) and (2) do not affect any other lawful authority relating to the conduct of an examination of foreign nationals.

Regulations

32.‍2 The 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.

71 Paragraph 47(c) of the Act is replaced by the following:

(c) on cancellation of their temporary resident permit, other than cancellation by an order made under subsection 87.‍302(1).

72 The Act is amended by adding the following after section 87.‍3:

Orders Made in the Public Interest

Order in council — applications

87.‍301 (1) The 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:

(a) 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;

(b) 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; or

(c) 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 terminated.

Other elements of order

(2) An order made under subsection (1) may

(a) restrict the application of the order to certain foreign nationals or to applications within a class of applications that is specified in the order;

(b) provide for the retention, return or other disposition of applications;

(c) 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; and

(d) provide for any other matter arising out of or ancillary to the exercise of the power conferred under that subsection.

Termination — fees repaid

(3) An 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 — documents

87.‍302 (1) If 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,

(a) 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;

(b) 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;

(c) 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; or

(d) impose 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.

Recommendation

(2) An 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 order

(3) An order made under subsection (1) may

(a) restrict the application of the order to certain documents or individuals;

(b) provide for the return of documents; and

(c) provide for any other matter arising out of or ancillary to the exercise of the power conferred under that subsection.

Amendments by Governor in Council

87.‍303 (1) If 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 Minister

(2) If 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.

Concurrence

(3) If the amendment or repeal concerns, in whole or in part, persons in Canada, then it requires,

(a) 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; or

(b) in the case of an amendment or repeal made by the Minister, the concurrence of the Minister of Public Safety and Emergency Preparedness.

Obligation

87.‍304 (1) A 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 examination

(2) A 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 Act

87.‍305 An 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.

Part 8 

Immigration and Refugee Protection Act (Ineligibility)

2001, c. 27

Amendments to the Act

73 (1) Subsection 101(1) of the Immigration and Refugee Protection Act is amended by adding the following after paragraph (b):
(b.‍1) the claimant entered Canada after June 24, 2020 and made the claim more than one year after the day of their entry;

(b.‍2) 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;

(2) Section 101 of the Act is amended by adding the following after subsection (1):

Paragraph (1)‍(b.‍1) — multiple entries

(1.‍1) For 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.

74 Subsection 111.‍1(1) of the Act is amended by adding the following after paragraph (b):
(b.‍1) exceptions to the application of paragraph 101(1)‍(b.‍1);
(b.‍2) 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)

75 Paragraphs 101(1)‍(b.‍1) and (b.‍2) and subsection 101(1.‍1) of the Immigration and Refugee Protection Act
(a) do 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; and
(b) apply 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.

Part 9 

Proceeds of Crime (Money Laundering) and Terrorist Financing Act

2000, c. 17; 2001, c. 41, s. 48

Amendments to the Act

76 (1) The definition violation in subsection 2(1) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is repealed.

(2) 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 of a Compliance Order)

prescribed violation means a violation referred to in section 73.‍13.‍ (regulatory violation)

(3) Paragraph 2(2)‍(d) of the Act is replaced by the following:

(d) identifying information, for the purposes of subsection 54.‍1(3)or 54.‍2(3);

77 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 Insertion Enrolment

78 Section 9.‍2 of the Act is replaced by the following:

Prohibition — anonymous account or client

9.‍2 (1) No person or entity referred to in section 5 shall open Insertion an anonymous account or end an account for an anonymous client.

Anonymous client

 (2) A 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.

79 Section 9.‍6 of the Act is amended by adding the following after subsection (1):

Program requirements

(1.‍1) The person or entity shall ensure that the program is reasonably designed, risk-based and effective.

80 The heading “Inscription” before section 11.‍1 of the French version of the Act is replaced by the following:

Inscription — Insertion entreprises fournissant des services monétaires

81 Paragraph 11.‍11(1)‍(e.‍1) of the Act is replaced by the following:
(e.‍1) 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;
(e.‍2) 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

82 The Act is amended by adding the following after section 11.‍4:

Enrolment

Enrolment requirement

11.‍4001 (1) Subject to subsection (2), every person or entity referred to in section 5 shall enroll with the Centre.

Exceptions

(2) Subsection (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 enrolment

11.‍4002 If 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 enrolment

11.‍4003 An 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.

Renewal

11.‍4004 An enrolled person or entity shall renew their enrolment within the prescribed period.

Application for renewal

11.‍4005 An 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 renewal

11.‍4006 An 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 information

11.‍4007 An 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 — applicant

11.‍4008 (1) An 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 application

(2) If 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 application

11.‍4009 (1) The Centre shall deny an application for enrolment or for renewal of enrolment if

(a) the 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; or
(b) the Centre determines that the applicant is in a prescribed relationship with a person or entity in the situation described in paragraph (a).

Notice of denial

(2) If an application is denied, the Centre shall, without delay, notify the applicant of the denial.

Clarifications — enrolled person or entity

11.‍401 (1) An 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 enrolment

(2) If 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.

11.‍4011 (1) The Centre may revoke the enrolment of an enrolled person or entity if

(a) the 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; or

(b) the 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 revocation

(2) If 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 apply

11.‍4012 (1) If 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.

Explanation

(2) The notice shall explain why section 11.‍4001 has ceased to apply to the person or entity.

Notice of revocation

(3) If 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 enrolment

(4) If 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 notify

11.‍4013 If 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 review

11.‍4014 (1) Within 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 Director

(2) The Director shall review the decision as soon as possible and shall take into consideration any information that the Director deems relevant.

Decision of Director

(3) The 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 Court

11.‍4015 (1) A 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.

Appeal

(2) If 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 disclosure

(3) In 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.

83 Subsection 39.‍02(6) of the Act is replaced by the following:

Records

(6) Any 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.

84 Section 39.‍14 of the Act is replaced by the following:

Request for Minister’s decision

39.‍14 A 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.

85 Subsection 39.‍18(1) of the Act is replaced by the following:

Decision of Minister

39.‍18 (1) Within 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.

86 Sections 39.‍19 and 39.‍2 of the Act are replaced by the following:

Return of goods

39.‍19 If 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 forfeiture

39.‍2 If 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.

87 (1) Paragraph 53.‍6(1)‍(a) of the Act is replaced by the following:

(a) 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;

(2) Paragraph 53.‍6(1)‍(c) of the French version of the Act is replaced by the following:

(c) is not registered under section 11.1 of this Act.

(3) Paragraph 53.‍6(2)‍(a) of the Act is replaced by the following:

(a) 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;

(4) Paragraph 53.‍6(2)‍(c) of the French version of the Act is replaced by the following:

(c) the Centre revoked, under paragraph 11.11(2), 11.13(2) or 11.17(2) or section 11.171 of this Act, the registration of a registered payment service provider, as defined in section 2 of The Retail Payments Activities Act.

88 The Act is amended by adding the following after section 54.‍1:

Roll

54.‍2 (1) The 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 roll

(2) The roll is to be organized in any manner and kept in any form that the Centre may determine.

Public access

(3) The 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 information

(4) The Centre may verify information submitted under section 11.‍4002, 11.‍4005, 11.‍4007, 11.‍4008, 11.‍401 or 11.‍4012.

Accuracy of information

(5) The Centre shall, in accordance with the regulations, ensure that inaccurate information on the roll is corrected.

Analysis of information

(6) The 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 information

(7) Subject 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.

89 (1) Subsection 55(1) of the Act is amended by adding the following after paragraph (b.‍2):
(b.‍3) 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);

(2) Subsection 55(3) of the Act is amended by adding the following after paragraph (f.‍1):
(f.‍2) 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;

90 Subsection 55.‍1(1) of the Act is amended by adding the following after paragraph (d):
(d.‍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;

91 The portion of subsection 62(1) of the Act before paragraph (a) is replaced by the following:

To ensure compliance

62 (1) An 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

92 Section 72.‍1 of the French version of the Act is replaced by the following:

Authorized Person

72. 1 In the case of a person or entity referred to in paragraph 5(h. 1), it is sufficient for the notices to be deemed to have been served by or at the request of the Centre if they are served on the person named in the application for registration referred to in paragraph 11.12(1) — or provided in accordance with subsection 11.13(1) — who is authorized to accept, on behalf of the person or entity referred to in that clause, notices served by the Centre under this Act or caused to be served by the Centre under this Act.

93 Subsection 73(1) of the Act is amended by adding the following after paragraph (j):
(j.‍1) respecting the enrolment referred to in sections 11.‍4001 to 11.‍4015;

94 The heading of Part 4.‍1 of the Act is replaced by the following:

Notices of Violation, Compliance Agreements, Compliance Orders and Penalties

95 (1) Paragraph 73.‍1(1)‍(b) of the Act is replaced by the following:
(b) 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;

(2) Paragraph 73.‍1(1)‍(c) of the English version of the Act is replaced by the following:
(c) having regard to subsection (2), fixing a penalty, or a range of penalties, in respect of any prescribed violation;

(3) Paragraph 73.‍1(1)‍(d) of the Act is repealed.

(4) Subsection 73.‍1(2) of the Act is replaced by the following:

Maximum penalties — prescribed violation

(2) The 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 — cumulative

(3) The maximum penalty for all the prescribed violations identified on a notice of violation taken together is
(a) in 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; and
(b) in 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 entities

(4) If 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.

96 Sections 73.‍11 to 73.‍13 of the Act are replaced by the following:

Criteria for penalty

73.‍11 Except if a penalty is fixed under paragraph 73.‍1(1)‍(c), the amount of a penalty shall, in each case, be determined taking into account
(a) the fact that penalties have as their purpose to encourage compliance with this Act rather than to punish;
(b) the harm done by the violation;
(c) the ability of the person or entity to pay the amount; and
(d) any other criteria that may be prescribed by regulation.

Information respecting ability to pay

73.‍111 (1) Subject 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 information

(2) In the representations, the person or entity may rely on new information with respect to paragraph 73.‍11(c) only if
(a) that information is with respect to facts that arose after the deadline;
(b) that information was not reasonably available before the deadline; or
(c) the person or entity could not reasonably have been expected in the circumstances to have provided that information before the deadline.

Violation or offence

73.‍12 If 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 violations

73.‍13 Every 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.

97 The Act is amended by adding the following before section 73.‍14:

Notice of violation

73.‍131 If 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.

98 The portion of subsection 73.‍14(1) of the Act before paragraph (a) is replaced by the following:

Contents of notice

73.‍14 (1) When 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

99 Subsection 73.‍15(4) of the Act is replaced by the following:

Notice of decision and right of appeal

(4) The 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).

100 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 agreement

73.‍16 (1) If 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 content

(2) The 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:
(a) the measures that are to be taken by the person or entity to comply with the provision; and
(b) the deadline for complying with the agreement.

Extension of deadline

(3) The 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 agreement

(4) Unless 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 order

73.‍17 (1) If 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 content

(2) The 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) a requirement that the person or entity comply with the provision;
(b) 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; and
(c) the deadline for complying with the order.

Reasons

(3) The 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 order

(4) As soon as feasible after making the compliance order, the Director shall make it public.

Extension of deadline for compliance

(5) The 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 violation

73.‍18 (1) The 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).

Penalty

(2) The amount of a penalty for a compliance order violation shall, in each case, be determined in accordance with section 73.‍11 and shall not exceed

(a) in 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; and

(b) in 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 entities

(3) If 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.

101 (1) Subsection 73.‍21(1) of the Act is replaced by the following:

Right of appeal

73.‍21 (1) A 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.

(2) Subsection 73.‍21(3) of the Act is repealed.

102 (1) The portion of subsection 73.‍22(1) of the Act before paragraph (a) is replaced by the following:

Publication

73.‍22 (1) In 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:

(2) Paragraphs 73.‍22(1)‍(c) and (d) of the Act are repealed.

103 Subsection 73.‍27(1) of the Act is replaced by the following:

Collecting penalties

73.‍27 (1) The 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.

104 Section 73.‍4 of the Act is replaced by the following:

Evidence

73.‍4 In 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.

105 (1) 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”.

(2) The portion of subsection 74(1) of the Act before paragraph (a) is amended by replacing “11.‍1” with “11.‍1, 11.‍4001”.

(3) Paragraphs 74(1)‍(a) and (b) of the Act are replaced by the following:
(a) 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; or
(b) on 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.

(4) Paragraphs 74(2)‍(a) and (b) of the Act are replaced by the following:
(a) 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; or
(b) on 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.

106 Paragraphs 75(1)‍(a) and (b) of the Act are replaced by the following:
(a) on summary conviction, to a fine of not more than $10,000,000 imprisonment for a term of not more than two years less a day, or to both; or
(b) on 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.

107 (1) The portion of section 76 of the English version of the Act before paragraph
(a) is replaced by the following:

Disclosure

76 Every person or entity that contravenes section 8 is guilty of an offence and liable
(2) Paragraphs 76(a) and (b) of the Act are replaced by the following:
(a) 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; or
(b) on 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.

108 Sections 77 to 77.‍1 of the Act are replaced by the following:

Reporting — section 9

77 (1) Every 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 11.‍43

(2) Every 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 9.‍93

77.‍01 Every person or entity that knowingly contravenes section 9.‍92 or 9.‍93 is guilty of an offence and liable
(a) 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; or
(b) on 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 information

77.‍1 (1) Every 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 knowingly

(a)withhold material information;

(b)make a false or misleading statement, including by omission; or

(c)provide false or misleading information, including by omission.

Punishment

(2) Every person or entity that commits an offence under subsection (1) is liable

(a) 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; or

(b) on 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.

109 (1) The portion of subsection 77.‍2(2) of the English version of the Act before paragraph (a) is replaced by the following:

Punishment

(2) Every person or entity that commits an offence under subsection (1) is liable

(2) Paragraphs 77.‍2(2)‍(a) and (b) of the Act are replaced by the following:

(a) 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; or

(b) on 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.

110 Paragraphs 77.‍3(3)‍(a) and (b) of the Act are replaced by the following:

(a) 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; or

(b) on 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.

111 Paragraphs 77.‍4(a) and (b) of the Act are replaced by the following:

(a) 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; or

(b) on 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.

112 Subsection 81(1) of the Act is replaced by the following:

Time limitation — five years

81 (1) Proceedings 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.

113 Subsection 83.‍3(1) of the French version of the Act is replaced by the following:

Documents : inscription

83. 3 (1) A specified person or entity that, on the commencement day, is registered with the Centre under section 11.1 shall provide him, in accordance with the prescribed procedures, with the documents referred to in paragraph 11.12(1)(b) and (c), no later than the second anniversary.

Consequential and Related Amendments

2021, c. 23, s. 177

Retail Payment Activities Act

114 Paragraphs 48(1)‍(c) and (d) of the Retail Payment Activities Act are replaced by the following:

(c) 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;

(d) 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;

115 Paragraphs 52(b) and (c) of the Act are replaced by the following:

(b) the payment service provider has been found guilty of an offence under section 74, 75 or 76, subsection 77(1) or section 77.‍01 or77.‍1 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act;

(c) 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/2007-292

Proceeds of Crime (Money Laundering) and Terrorist Financing Administrative Monetary Penalties Regulations

116 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:

3 The contravention of any of the following provisions is a violation that may be proceeded with under Part 4.‍1of the Act:

117 Subsection 4(2) of the Regulations is replaced by the following:

(2) 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.

118 Section 5 of the Regulations is replaced by the following:

5 Subject to subsections 73.‍1(2) and (3)of the Act, the range of penalties in respect of a violation is

(a) $1 to $40,000 in the case of a minor violation;

(b) $1 to $4,000,000 in the case of a serious violation; and

(c) $1 to $20,000,000 in the case of a very serious violation.

119 Part 1 of the schedule to the Regulations is amended by adding the following after item 9:

120 The portion of items 196 to 201 of Part 2 of the schedule to the Regulations in column 3 is replaced by the following:

Transitional Provisions

Definitions

121 The following definitions apply in this section and in sections 122 and 123.

commencement day means the day on which this section comes into force.‍ (reference date)

former Act means the Proceeds of Crime (Money Laundering) and Terrorist Financing Act as it read immediately before the commencement day.‍ (old law)
new Act means the Proceeds of Crime (Money Laundering) and Terrorist Financing Act as it reads on the commencement day.‍ (new law)

Violations — former Act

122 Part 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 Act

123 For 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 council

124 Subsection 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.

Part 10 

Legislation Related to Financial Institutions (Supervisory Committee)

R.‍S.‍, c. 18 (3rd Supp.‍), Part I

Office of the Superintendent of Financial Institutions Act

125 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):

(e) the Director of the Financial Transactions and Reports Analysis Centre of Canada.

2000, c. 17; 2001, c. 41, s. 48

Proceeds of Crime (Money Laundering) and Terrorist Financing Act

126 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 Act

53.‍41 (1) For 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 — Director

(2) The Director may disclose information under subsection (1) only if it relates to compliance with Part 1 or 1.‍1.

Part 11 

Sex Offender Information Registration Act

2004, c. 10

Amendments to the Act

127 (1) Subsection 2(1) of the Sex Offender Information Registration Act is replaced by the following:

Purpose

2 (1) The 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.

(2) Paragraph 2(2)‍(a) of the Act is replaced by the following:

(a) 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;

(3) Subparagraph 2(2)‍(c)‍(i) of the Act is replaced by the following:

(i) the information be collected only to enable police services and other law enforcement agencies to prevent or investigate crimes of a sexual nature, and

128 (1) 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:

(b) in an area in which an Indigenous police service is responsible for policing, a member of that police service.‍ (member of a police service)

(2) 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.‍ (Indigenous governing body)

129 Paragraph 4(1)‍(d) of the Act is replaced by the following:

(d) 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.

130 (1) Subsection 4.‍1(1) of the Act is amended by adding the following after paragraph (b):

(b.‍01) 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;

(2) Paragraph 4.‍1(1)‍(c) of the Act is replaced by the following:

(c) 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.

131 Subsection 5(3) of the Act is replaced by the following:

Additional information

(3) When 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.

132 Section 6 of the Act is amended by adding the following after subsection (1.‍02):

For greater certainty

(1.‍03) For 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.

133 The Act is amended by adding the following after section 15.‍2:

Canada Border Services Agency — disclosure of information

15.‍3 The 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:

(a) the surname, first name and middle names, any alias, the date of birth, the citizenship or nationality and the sex of the sex offender;

(b) the type and number of each travel document that identifies the sex offender and the name of the country or organization that issued it;

(c) 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; and

(d) in 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.

134 (1) Paragraph 16(2)‍(b.‍1) of the Act is replaced by the following:

(b.‍1) 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;

(2) Subsection 16(2) of the Act is amended by adding the following after paragraph (c):

(c.‍1) 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;

(3) The portion of paragraph 16(4)‍(c) of the Act before subparagraph (i) is replaced by the following:

(c) 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 will

(4) Subparagraphs 16(4)‍(c)‍(i) to (iv) of the English version of the Act are replaced by the following:

(i) assist them in the investigation of an offence under section 17 or in the laying of a charge for such an offence,

(i.‍1) assist them in the verification of the sex offender’s compliance with section 5,

(ii) 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,

(iii) 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), or

(iv) assist them in obtaining a warrant under subsection 490.‍03121(1) of the Criminal Code and executing the warrant;

(5) Subsection 16(4) of the Act is amended by adding the following after paragraph (c):

(c.‍1) 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;

(c.‍2) 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;

(6) Paragraphs 16(4)‍(j.‍1) and (j.‍2) of the Act are replaced by the following:

(j.‍1) 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;

(j.‍2) 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  here 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;

135 Section 17 of the Act is replaced by the following:

Offence

17 (1) Every 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 certainty

(2) For 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.

136 The English version of the Act is amended by replacing “gender” with “sex” in the following provisions:

(a) paragraph 5(1)‍(b);

(b) subparagraph 8(a)‍(vi);

(c) paragraph 8.‍1(1)‍(g); and

(d) paragraphs 8.‍2(1)‍(f) and (2)‍(g).

R.‍S.‍, c. 1 (2nd Supp.‍)

Related Amendment to the Customs Act

137 Subsection 107(5) of the Customs Act is amended by adding the following after paragraph (l.‍3):

(l.‍4) 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;