Strengthening Canada’s Immigration System and Borders Act (S.C. 2026, c. 4)
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Assented to 2026-03-26
Strengthening Canada’s Immigration System and Borders Act
S.C. 2026, c. 4
Assented to 2026-03-26
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
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 transfer the responsibility for the coast guard services from the Minister of Fisheries and Oceans to the Minister of National Defence, to provide that coast guard services include activities related to security and to authorize the responsible minister to collect, analyze and disclose information and intelligence.
Part 5 amends the Department of Citizenship and Immigration Act to authorize the Minister of Citizenship and Immigration to disclose, for certain purposes and subject to any regulations, personal information under the control of the Department within the Department and to certain other federal and provincial government entities.
It also amends the Immigration and Refugee Protection Act to authorize the making of regulations relating to the disclosure of information collected for the purposes of that Act to federal departments and agencies.
Part 6 amends the Immigration and Refugee Protection Act to, among other things,
(a) eliminate the designated countries of origin regime;
(b) authorize the Minister of Citizenship and Immigration to specify the information and documents that are required in support of a claim for refugee protection;
(c) authorize the Refugee Protection Division of the Immigration and Refugee Board to determine that claims for refugee protection that have not yet been referred to the Refugee Protection Division have been abandoned in certain circumstances;
(d) provide the Minister of Citizenship and Immigration with the power to determine that claims for refugee protection that have not yet been referred to the Refugee Protection Division have been withdrawn in certain circumstances;
(e) prevent, if the claimant is not present in Canada, the Refugee Protection Division and the Refugee Appeal Division from commencing consideration of the claim or the appeal or to require them to deem the claim to have been abandoned in certain circumstances;
(f) clarify that decisions of the Immigration and Refugee Board must be rendered, and reasons for those decisions must be given, in the manner specified by its Chairperson; and
(g) authorize regulations to be made setting out the circumstances in which the Minister of Citizenship and Immigration or the Minister of Public Safety and Emergency Preparedness must designate, in relation to certain proceedings or applications, a representative for persons who are under 18 years of age or who are unable to appreciate the nature of the proceeding or application.
It also includes transitional provisions.
Part 7 amends the Immigration and Refugee Protection Act to, among other things,
(a) authorize the Governor in Council to make an order specifying that certain applications made under that Act are not to be accepted for processing, or that the processing of those applications is to be suspended or terminated, when the Governor in Council is of the opinion that it is in the public interest to do so;
(b) authorize the Governor in Council to make an order to cancel, suspend or vary certain documents issued under that Act, or to impose or vary conditions, when the Governor in Council is of the opinion that it is in the public interest to do so;
(c) for the application of an order referred to in paragraph (b), require a person to appear for an examination, answer questions truthfully and produce all relevant documents or evidence that an officer requires; and
(d) authorize the Governor in Council to make regulations prescribing circumstances in which a document issued under that Act can be cancelled, suspended or varied, and in which officers may terminate the processing of certain applications made under that Act.
Part 8 amends the Immigration and Refugee Protection Act to add two new grounds of ineligibility for claims for refugee protection as well as powers to make regulations respecting exceptions to those new grounds. It also requires the officer to terminate the processing of the claim if the claim is determined to be ineligible. It also includes a transitional provision respecting the retroactive application of those new grounds.
Part 9 amends the Proceeds of Crime (Money Laundering) and Terrorist Financing Act to, among other things,
(a) increase the maximum administrative monetary penalties that may be imposed for certain violations and the maximum punishments that may be imposed for certain criminal offences under that Act;
(b) replace the existing optional compliance agreement regime with a new mandatory compliance agreement regime that, among other things,
(i) requires every person or entity that receives an administrative monetary penalty for a prescribed violation to enter into a compliance agreement with the Financial Transactions and Reports Analysis Centre of Canada (the Centre),
(ii) requires the Director of the Centre to make a compliance order if the person or entity refuses to enter into a compliance agreement or fails to comply with such an agreement, and
(iii) designates the contravention of a compliance order as a new violation under that Act;
(c) require persons or entities referred to in section 5 of that Act, other than those already required to register, to enroll with the Centre; and
(d) authorize the Centre to disclose certain information to the Commissioner of Canada Elections, subject to certain conditions.
It also makes consequential and related amendments to 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,
(a) make certain changes to a sex offender’s reporting obligations, including the circumstances in which they are required to report, the information that must be provided and the time within which it is to be provided;
(b) provide that any of a sex offender’s physical characteristics that may assist in their identification may be recorded when they report to a registration centre;
(c) clarify what may constitute a reasonable excuse for a sex offender’s non-compliance with the requirement to give at least 14 days’ notice prior to a departure from their residence for seven or more consecutive days;
(d) authorize the Canada Border Services Agency to disclose certain information relating to a sex offender’s arrival in and departure from Canada to law enforcement agencies for the purposes of the administration and enforcement of that Act;
(e) authorize, in certain circumstances, the disclosure of information collected under that Act if there are reasonable grounds to believe that it will assist in the prevention or investigation of a crime of a sexual nature; and
(f) clarify that a person who discloses information under section 16 of that Act with the belief that they are acting in accordance with that section is not guilty of an offence under section 17 of that Act.
It also makes a related amendment to the Customs Act.
Part 12 provides for a parliamentary review, after five years, of the operation and effect of the amendments made by this enactment.
His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title
Marginal note:Short title
1 This Act may be cited as the Strengthening Canada’s Immigration System and Borders Act.
PART 1R.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:
Marginal note:Customs facilities
6 (1) The owner or operator of any of the following bridges, tunnels, railways, airports, wharves or docks must provide, equip and maintain free of charge — at or near the bridge, tunnel, railway, airport, wharf or dock — adequate buildings, accommodation or other facilities for carrying out any purpose related to the administration or enforcement of program legislation, as defined in section 2 of the Canada Border Services Agency Act:
(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 paragraph (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 been designated under section 5.
(4) Subsection 6(3) of the French version of the Act is replaced by the following:
Marginal note:Règlements
(3) Sous réserve du paragraphe (4), le gouverneur en conseil peut, par règlement, déterminer les locaux ou autres installations qui sont adéquats aux fins visées au paragraphe (1).
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:
Marginal note:Officer’s access to goods — transportation
97.01 (1) 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 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.
Marginal note:No entry without consent or warrant
(2) If any premises or place referred to in subsection (1) is a dwelling-house, an officer may not enter that dwelling-house without the consent of the occupant except under the authority of a warrant issued under subsection (3).
Marginal note:Warrant
(3) On ex parte application by the Minister, a judge may issue a warrant authorizing an officer to enter a dwelling-house, subject to the conditions that may be specified in the warrant, if the judge is satisfied by information on oath that
(a) there are reasonable grounds to believe that the dwelling-house is a premises or place referred to in subsection (1);
(b) entry into the dwelling-house is necessary for any purpose related to the administration or enforcement of this Act; and
(c) entry into the dwelling-house has been, or there are reasonable grounds to believe that entry into the dwelling-house will be, refused.
Marginal note:Definition of dwelling-house
(4) In this section, dwelling-house has the same meaning as in subsection 42(1).
Marginal note: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 container of goods destined for export or remove any packaging from those goods.
Transitional Provisions
Marginal note: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 with respect to buildings, accommodations or other facilities that were used, before the day on which section 2 comes into force, for carrying out any purpose related to the administration and enforcement of program legislation, as defined in section 2 of the Canada Border Services Agency Act, including the proper detention and examination of goods or the proper search of persons.
Marginal note:No action against His Majesty
(2) No action or judicial proceeding by an owner or operator referred to in subsection 6(1) of the Customs Act lies against His Majesty in right of Canada for the reimbursement of any cost incurred with respect to buildings, accommodations or other facilities that the owner or operator provided, equipped or maintained free of charge in accordance with that subsection, as it read before the day on which section 2 comes into force, and that were used, before that day, for carrying out any purpose related to the administration and enforcement of program legislation, as defined in section 2 of the Canada Border Services Agency Act.
Marginal note: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 21996, c. 19Controlled 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
controlled substance means a substance included in any of Schedules I to IV or in Part 1 of Schedule V; (substance désignée)
- precursor
precursor means a substance included in Part 2 of Schedule V or in Schedule VI; (précurseur)
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):
Marginal note:Relevant information
(3) In making an order under subsection (1) or (2), the Minister may take into account any relevant information provided by the Minister of Public Safety and Emergency Preparedness.
Marginal note: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:
Marginal note: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 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
SOR/97-234Controlled 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).
SOR/2002-359Precursor Control Regulations
12 The definitions Class A precursor and Class B precursor in section 1 of the Precursor Control Regulations are replaced by the following:
- Class A precursor
Class A precursor means any of the following precursors:
(a) a precursor included in Table 1 of Part 2 of Schedule 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 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. (précurseur de catégorie A)
- Class B 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 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. (précurseur de catégorie B)
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 schedule 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 “SCHEDULE” with the following:
15 The heading of column 1 of the schedule to the Regulations is replaced by “Substance”.
16 The schedule to the Regulations is amended by adding the following after item 33:
| Column 1 | Column 2 | |
|---|---|---|
| Item | Substance | Maximum Quantity (expressed as an absolute amount or per package) |
| 34 | Phenethyl bromide ((2-bromoethyl)benzene) | 0 |
| 35 | Propionic anhydride (propanoic anhydride) | 0 |
17 The Regulations are amended by replacing “in Part 1 of Schedule VI” with “in Table 1 of Part 2 of Schedule V or in Part 1 of Schedule VI” in the following provisions:
(a) subsection 8(2);
(b) subparagraph 14(1)(b)(iii);
(c) subparagraphs 25(1)(c)(iii) and (iv);
(d) paragraph 28.1(1)(e);
(e) subparagraphs 32(1)(c)(iii) and (iv);
(f) paragraph 35.1(1)(e);
(g) subparagraphs 39(1)(d)(iii) and (iv);
(h) subparagraphs 47(2)(a)(ii) and (4)(d)(ii);
(i) subparagraph 48(1)(c)(iii) and paragraph 48(1)(d);
(j) section 50;
(k) paragraph 54(a);
(l) subparagraph 85(1)(a)(iii) and paragraph 85(1)(c); and
(m) 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:
(a) section 55;
(b) subparagraph 60(1)(c)(ii);
(c) subparagraphs 69(1)(c)(ii) and (iii);
(d) paragraph 72.1(1)(e);
(e) subparagraph 76(1)(c)(iii) and paragraph 76(1)(d);
(f) section 78;
(g) paragraph 82(a); and
(h) 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 2 of Part 2 of Schedule V or in Part 1 or 2 of Schedule VI” in the following provisions:
(a) paragraph 86(2)(b) and subparagraph 86(3)(c)(iii); and
(b) subparagraphs 91(1)(d)(iii) and (iv).
Repeal
Marginal note:SOR/2025-64
20 The Order Amending Schedule V to the Controlled Drugs and Substances Act (Fentanyl Precursors and Carisoprodol) is repealed.
Coordinating Amendments
Marginal note:SOR/2025-64
21 (1) The following definitions apply in this section.
- Order
Order means the Order Amending Schedule V to the Controlled Drugs and Substances Act (Fentanyl Precursors and Carisoprodol). (arrêté)
- other Act
other Act means the Controlled Drugs and Substances Act. (autre loi)
(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 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 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 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 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 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 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 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 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.
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