Strengthening Canada’s Immigration System and Borders Act (S.C. 2026, c. 4)
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Assented to 2026-03-26
PART 3Police Enforcement of the Controlled Drugs and Substances Act and the Cannabis Act
1996, c. 19Controlled 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 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 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 under paragraph (a), and other persons acting under the direction and control of the member, from the application of any provision of the Criminal Code that creates the offence of conspiracy or attempt to commit, being an accessory after the fact in relation to, or counselling in relation to, an offence under this Act;
2018, c. 16Cannabis Act
23 (1) Subsection 139(6) of the Cannabis 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 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 application of any provision of the Criminal Code that creates the offence of conspiracy or attempt to commit, being an accessory after the fact in relation to, or counselling in relation to, an offence under this Act;
Regulations
Marginal note: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 one or both of those Regulations.
PART 41996, c. 31Oceans Act
Amendments to the Act
24.1 Subsection 40(2) of the Oceans Act is replaced by the following:
Marginal note:Encouragement of activities
(2) For the purpose of subsection (1), the Minister shall encourage activities necessary to foster understanding, management and sustainable development of oceans and marine resources and the provision of hydrographic services to ensure the facilitation of marine trade, commerce and safety in collaboration with other ministers of the Government of Canada.
25 (1) The portion of subsection 41(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Coast guard services
41 (1) The Minister of National Defence is responsible for coast guard services and their powers, duties and functions extend to and include all matters over which Parliament has jurisdiction, not assigned by law to any other department, board or agency of the Government of Canada, relating to
(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:
Marginal note:Cost-effectiveness
(2) The Minister of National Defence shall ensure that the services referred to in subparagraphs (1)(a)(i) to (iv) are provided in a cost-effective manner.
26 The Act is amended by adding the following after section 41:
Marginal note: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 Council for Canada designated under subsection 41(1), may collect, analyze and disclose information or intelligence.
Coming into Force
Marginal note:Day after royal assent
27 This Part comes into force on the day after the day on which this Act receives royal assent.
PART 5Information Sharing — Immigration, Refugees and Citizenship
1994, c. 31Department 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
Marginal note:Definition of personal information
5.3 In sections 5.4 to 5.7,personal information has the same meaning as in section 3 of the Privacy Act.
Marginal note: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.
Marginal note:Disclosure outside Department
5.5 (1) Subject to any regulations made under section 5.7, and under a written agreement or arrangement that includes the elements of personal information that may be disclosed, the purpose of disclosure, any limits on secondary use and subsequent transfer of personal information and any other relevant details, the Minister may, for the purpose of the administration or enforcement of an Act of Parliament or of the legislature of a province or for the purpose of exercising their powers or performing their duties or functions under another lawful authority, disclose to any department, ministry, body, office or agency of the federal government or of a provincial government or to a federal or provincial Crown corporation personal information that is under the control of the Department and that relates to any of the following:
(a) the identity of an individual and any changes to their 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 Parliament or under another lawful authority, including information relating to the issuance, provision, renewal, restoration, validity, variance, withholding, refusal, termination, cancellation, correction, revocation, recall, suspension, recovery or loss of such a document.
Marginal note: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
(a) with the written consent of the Minister; and
(b) 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.
Marginal note:Other disclosure authorities
5.6 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.
Marginal note: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. 27Immigration 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 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 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 62001, c. 27Immigration and Refugee Protection Act (In-Canada Asylum System)
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
prescribed means prescribed by regulation. (Version anglaise seulement)
31 The Act is amended by adding the following after section 6:
Marginal note: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.
Marginal note: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.
Marginal note: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:
Marginal note: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:
Marginal note:Autorisation d’entrer : contrôle complémentaire ou enquête
23 L’agent peut autoriser une personne à entrer au Canada en vue du contrôle complémentaire ou de l’enquête prévus par la présente partie.
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 Division 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:
Marginal note: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:
Marginal note: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:
Marginal note: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:
Marginal note: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 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 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).
(4) Section 49 of the Act is amended by adding the following after subsection (2):
Marginal note:Monthly report on removal orders
(3) The Minister must prepare a report in respect of each month of the year that sets out the number of removal orders that were enforced in that month, the number of removal orders that were not enforced in accordance with subsection (3) and the reasons for the delays.
Marginal note:Additional information
(4) The report must also include countries of origin, age and gender breakdowns and criminal backgrounds of persons removed.
Marginal note:Tabling
(5) The report must be tabled in each House of Parliament within 10 days after the last day of the month to which the report relates or, if a House is not then sitting, on any of the first 10 days on which that House is sitting after that day.
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