Strengthening Canada’s Immigration System and Borders Act

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Sections183

• 1Short title

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

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• 5No 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.

• 5(2)No action against His Majesty

  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.

• 5(3)Pending action or judicial proceeding

  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.

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• 20SOR/2025-64

  The Order Amending Schedule V to the Controlled Drugs and Substances Act (Fentanyl Precursors and Carisoprodol) is repealed.

• 21SOR/2025-64
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• 24Confirmation

  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:

• 24(a)

  the Controlled Drugs and Substances Act (Police Enforcement) Regulations, made on April 22, 1997 and registered as SOR/97-234;

• 24(b)

  the Cannabis Act (Police Enforcement) Regulations, made on June 26, 2018 and registered as SOR/2018-151; and

• 24(c)

  any regulations, made before the day on which this Act receives royal assent, amending one or both of those Regulations.

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• 27Day after royal assent

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

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• 59Definition of Act
• 59(1)

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

• 59(2)Words and expressions

  Unless the context requires otherwise, words and expressions used in sections 60 to 62 have the same meaning as in the Act.

• 60Section 6.1 of the Act

  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.

• 61Section 44.1 of the Act

  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.

• 62Pending claims for refugee protection

  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:

• 62(a)

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

• 62(b)

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

• 62(c)

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

• 62(d)

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

• 62(e)

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

• 62(f)

  section 100.1 of the Act; and

• 62(g)

  sections 102.1 and 102.2 of the Act.

• 632023, c. 26
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• 64Order 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. [Note: 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, not in force.]

• 64*(2)Order in council

  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. [Note: Section 45 not in force.]

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• 75Paragraphs 101(1)(b.1) and (b.2) and subsection 101(1.1)

  Paragraphs 101(1)(b.1) and (b.2) and subsection 101(1.1) of the Immigration and Refugee Protection Act

• 75(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

• 75(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.

• 75.1Report on new ground of ineligibility
• 75.1(1)

  At the start of the fifth year after the day on which this Part comes into force, the Minister of Citizenship and Immigration must prepare a report in respect of the application of paragraph 101(1)(b.1) of the Immigration and Refugee Protection Act.

• 75.1(2)Tabling

  The Minister must cause the report to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the report is prepared.

• 75.1(3)Contents

  The report must include

• 75.1(3)(a)

  for the calendar year in which this Part came into force and each subsequent calendar year, the average number of days between the day on which a refugee protection claimant entered Canada and the day on which they made the claim, disaggregated by the type of immigration document held by the refugee protection claimant;

• 75.1(3)(b)

  the number of refugee protection claimants whose claims were ineligible by reason of paragraph 101(1)(b.1) of the Immigration and Refugee Protection Act;

• 75.1(3)(c)

  the proportion of refugee protection claimants referred to in paragraph (b) who ex-ited and re-entered Canada after the day of entry referred to in paragraph 101(1)(b.1) of that Act;

• 75.1(3)(d)

  the number of refugee protection claimants referred to in paragraph (b) who applied for protection under subsection 112(1) of that Act, as well as the number of the claimants whose applications were allowed and the number of the claimants whose applications were not allowed; and

• 75.1(3)(e)

  any recommendations for changes in relation to the application of paragraph 101(1)(b.1) of that Act.

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• 121Definitions

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

• 121[p161]

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

• 121[p162]

  former Act means the Proceeds of Crime (Money Laundering) and Terrorist Financing Act as it read immediately before the commencement day. (ancienne loi)

• 121[p163]

  new Act means the Proceeds of Crime (Money Laundering) and Terrorist Financing Act as it reads on the commencement day. (nouvelle loi)

• 122Violations — former Act

  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.

• 123Violations — new Act

  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.

• *124Order in council

  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. [Note: 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 not in force.]

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• 138Review by committee
• 138(1)

  At the start of the fifth year after the day on which this Act receives royal assent, a comprehensive review of the operation and effect of the amendments made by this Act must be undertaken by the committee of the Senate, of the House of Commons or of both Houses of Parliament that is designated or established for that purpose.

• 138(2)Report to Parliament

  The committee must, within one year after the review is undertaken, submit to the House or Houses of Parliament of which it is a committee a report that includes a statement setting out any changes to the Acts amended by this Act that the committee recommends.