Bill S-205 explained in plain English
An Act to amend the Canada Border Services Agency Act (Inspector General of the Canada Border Services Agency) and to make consequential amendments to other Acts
Federal Parliament bill summary, status, timeline, sponsor, votes, and official sources.
At a glance
Official Parliament of Canada snapshot for 42nd Parliament, 1st Session. MP vote breakdowns appear when the House of Commons publishes a recorded division export for that bill. Senate and House stage details include official debate/sitting links when LEGISinfo publishes them.
Our plain-language take, written for civic education.
Source: By PoliticalData.ca
Bill S-205 creates the position of Inspector General of the Canada Border Services Agency to receive and investigate complaints about the Agency.
Bill S-205 establishes a new Inspector General position for the Canada Border Services Agency (CBSA). The Inspector General will have the authority to receive and investigate complaints from members of the public who believe they have been treated unfairly by the CBSA. The Inspector General will be appointed by the Governor in Council after consultation with the leaders of all recognized parties in Parliament and must be approved by both the Senate and House of Commons. The position will be a seven-year term with the possibility of renewal. The Inspector General will have deputy head rank and powers, can summon witnesses and compel evidence during investigations, and must report annually to Parliament on their activities. The bill also makes changes to various federal laws to add the Office of the Inspector General to relevant schedules and to recognize the Inspector General's status under different Acts such as the Access to Information Act, Privacy Act, and Official Languages Act.
- Creates the position of Inspector General of the Canada Border Services Agency
- Grants the Governor in Council the power to appoint the Inspector General after consultation with parliamentary party leaders and approval by both the Senate and House of Commons
- Sets the Inspector General's term at seven years with eligibility for reappointment for additional terms of up to seven years each
- Allows the Governor in Council to appoint an interim Inspector General for up to six months if the office is vacant or the incumbent is absent or incapacitated
- Gives the Inspector General deputy head rank and all associated powers
- Establishes that the Inspector General's sole duty is to receive and investigate complaints about acts or things done by the Canada Border Services Agency
- Allows any person who believes they have been wronged by the CBSA to lodge a written complaint with the Inspector General
- Grants the Inspector General power to summon witnesses, compel evidence on oath, and examine documents in a manner equivalent to a superior court of record
- Permits the Inspector General to refuse or cease investigation if a complaint is trivial, frivolous, vexatious, made in bad faith, or outside the Inspector General's authority
- Requires the Inspector General to notify the complainant, the Minister, and the President of the CBSA before beginning an investigation
- Requires all investigations to be conducted in private
- Gives the complainant and the CBSA President the right to make representations, present evidence, and be heard during investigations
- Requires the Inspector General to report findings and recommendations to the Minister and President if a complaint is found to be well-founded
- Authorizes the Inspector General to request that the Minister and President report back within a specified time on action taken or proposed to address the recommendations
- Requires the Inspector General to report investigation results to the complainant
- Requires the Inspector General to submit an annual report to the Minister within three months of the end of each fiscal year
- Allows the Inspector General to submit special urgent reports to the Minister at any time
- Requires the Minister to table Inspector General reports in both Houses of Parliament within 15 sitting days
- Grants the Inspector General full access to Agency information and documents necessary to conduct investigations
- Allows the Inspector General to hire necessary staff through the Public Service Employment Act
- Permits the Inspector General to engage temporary technical or specialized consultants with Treasury Board approval
- Authorizes the Inspector General to delegate powers and functions to staff members
- Establishes that the Inspector General's decisions and findings are final and not subject to appeal or court review
- Creates an offence for obstructing the Inspector General, with a maximum penalty of a $5,000 fine on summary conviction
- Adds the Office of the Inspector General to schedules under the Access to Information Act, Canada Evidence Act, Financial Administration Act, Privacy Act, Official Languages Act, Public Sector Compensation Act, and Public Servants Disclosure Protection Act
- Deems the Inspector General employed in the public service for pension purposes under the Public Service Superannuation Act
- Deems the Inspector General employed in the federal public administration for benefits purposes under the Government Employees Compensation Act
- Protects information disclosed to the Inspector General with confidentiality obligations and restrictions on further disclosure
- Provides that evidence given before the Inspector General cannot be used in court proceedings against the person (except in perjury cases)
- Provides protection from civil or criminal liability for the Inspector General when acting in good faith
- Members of the public who believe they have been wronged or treated unfairly by the Canada Border Services Agency
- Canada Border Services Agency employees and officials
- The Canada Border Services Agency as an institution
- The Minister of Public Safety and Emergency Preparedness
- The President of the Canada Border Services Agency
- Parliament (Senate and House of Commons), which must approve the Inspector General's appointment and receive annual reports
- Federal government institutions subject to Access to Information Act, Privacy Act, and other related federal legislation
- Federal public service employees and their representatives
- The Inspector General must engage exclusively in Inspector General duties and may not hold any other office or engage in other employment for reward (section 15.12(2))
- The Inspector General must satisfy security requirements and take any required oath of secrecy (section 15.23)
- The Inspector General must maintain confidentiality of information obtained through investigations, except where disclosure is required by law or permitted under the Act (section 15.24)
- The Inspector General must consult with the Minister to ensure compliance with security requirements when preparing reports (section 15.26(1))
- The Inspector General must notify the complainant, Minister, and President before commencing an investigation (section 15.16)
- The Inspector General must inform complainants of decisions to refuse or cease investigation and provide reasons (section 15.15(6))
- The Inspector General must provide the complainant with the results of the investigation after it is complete (section 15.2(2))
- Any person may lodge a written complaint with the Inspector General about acts or things done by the Canada Border Services Agency (section 15.15(1))
- Complainants and the President of the CBSA have the right to make representations, present evidence, and be heard during investigations (section 15.17(2))
- The Inspector General has the right to access any Agency information related to investigations (section 15.22)
- The Inspector General has the right to summon witnesses, compel evidence, administer oaths, and receive evidence on oath or by affidavit (section 15.18)
- The bill comes into force on a date to be fixed by order of the Governor in Council (no specific date is provided in the legislation)
- The Governor General must recommend an appropriation of moneys before the bill can come into force
- Parliament must appropriate the necessary moneys before the bill can come into force
- The Inspector General will serve a seven-year term from the date of appointment
- The Inspector General must submit an annual report to the Minister within three months after the end of each fiscal year
- The Minister must table Inspector General reports in Parliament within 15 sitting days of receiving them
- Funds must be appropriated by Parliament before the bill can come into force (section 12(2))
- The Governor General must recommend the appropriation of moneys for purposes of the Act before it can come into force
- The Inspector General will receive a salary fixed by the Governor in Council
- The Inspector General is entitled to reasonable travel and living expenses incurred while performing duties away from their ordinary place of work
- The Inspector General may engage temporary technical or specialized consultants with Treasury Board approval and may fix and pay their remuneration and expenses
- The office requires funding to hire officers and employees through the Public Service Employment Act
- Any person who obstructs the Inspector General or anyone acting on their behalf in performing their duties commits an offence and is liable on summary conviction to a fine not exceeding $5,000 (section 15.3)
- The Inspector General can refuse to investigate or cease investigating a complaint if they believe it is trivial, frivolous, vexatious, made in bad faith, or outside their authority
- Investigations that are found unnecessary may be discontinued at the Inspector General's discretion
- The bill does not specify a particular commencement date; instead, it states the Act comes into force 'on a day to be fixed by order of the Governor in Council' (section 12(1))
- The bill does not specify the salary or specific benefits of the Inspector General; these are to be fixed by the Governor in Council
- The bill does not detail the specific procedures the Inspector General must follow in conducting investigations, allowing the Inspector General to 'determine the procedure' subject to the Act (section 15.15(3))
- The bill does not specify how many staff the Inspector General may hire or their roles; it simply states that 'officers and employees necessary' shall be appointed (section 15.13(1))
- The bill does not specify what constitutes 'special operational information' or other protected categories in detail; it references these terms from other Acts (section 15.26(2))
- The bill does not establish timelines for conducting investigations, though it requires the Inspector General to decide whether further investigation is unnecessary (section 15.15(4))
- The bill does not specify the format or level of detail required in the Inspector General's reports to Parliament
- It is unclear whether the Inspector General's office will have exclusive jurisdiction over CBSA complaints or whether other oversight mechanisms will continue to operate in parallel
New sections are added to create and establish the position of Inspector General with powers, duties, procedures, and protections. Section 2 is amended to define 'Inspector General' and sections 15.11 through 15.29 are added to establish the Inspector General's appointment, mandate, investigative powers, reporting requirements, and offences.
Source: Sections 1-2
The Inspector General of the Canada Border Services Agency is added as an entity subject to access to information requirements, meaning the public can request information from this office under the Act. The Office is added to Schedule I under 'Other Government Institutions.'
Source: Sections 3-4
The Inspector General is added to the schedule of 'Designated Entities,' which recognizes the Inspector General's status for purposes of the Act and provides certain privileges and protections related to evidence.
Source: Section 5
The Office of the Inspector General is added to Schedule I.1 as an entity under the authority of the Minister of Public Safety and Emergency Preparedness, and to Schedule IV, establishing it as part of the federal government structure for financial administration purposes.
Source: Sections 6-7
The Office of the Inspector General is added to the schedule of 'Other Government Institutions,' making it subject to privacy protections and obligations under the Act.
Source: Section 8
The Office of the Inspector General is added to subsection 24(3), establishing it as an institution subject to the Act's official languages requirements for federal government institutions.
Source: Section 9
The Office of the Inspector General is added to Schedule I as part of 'Other Portions of the Public Service,' making it subject to compensation and pension regulations.
Source: Section 10
The Office of the Inspector General is added to Schedule 2, making it subject to the Act's protections for public servants who disclose wrongdoing.
Source: Section 11
Generated using AI from official bill text. Not legal advice. It is written by PoliticalData.ca for civic education, automatically checked and spot-reviewed before publishing.
Official textParliamentary Process
Bill S-205 completed its first reading in the Senate on December 8, 2015, initiating its legislative journey.
This artifact shows that Bill S-205, an Act to amend the Canada Border Services Agency Act to establish an Inspector General, completed its first reading in the Senate on December 8, 2015. The bill then proceeded through various stages in the Senate, including second reading, committee consideration, report stage, and third reading, before moving to the House of Commons. The provided text also notes that a similar bill, S-222, was introduced in a previous Parliament.
During the Senate's first reading of Bill S-205, the sitting was largely occupied by debates on procedural matters and questions of privilege, with the bill itself only being introduced.
This record details the Senate's first reading of Bill S-205, an act to amend the Canada Border Services Agency Act. The sitting included the tabling of various reports, the introduction of multiple bills (including Bill S-205), and extensive debate on questions of privilege related to media leaks and the absence of a government leader in the Senate. The discussion of Bill S-205 itself was limited to its introduction and first reading.
Bill S-205 completed its second reading stage in the Senate on April 14, 2016, after which it proceeded to committee review.
This record indicates that Bill S-205, concerning the creation of an Inspector General for the Canada Border Services Agency, completed its second reading stage in the Senate on April 14, 2016. The artifact highlights that this stage involved major speeches, including one by the sponsor, Senator Wilfred P. Moore, and a response speech by Senator Vernon White. Following this, the bill moved to consideration in committee, report stage, and third reading, all within the Senate.
On March 8, 2016, the Senate engaged in procedural matters, celebrated International Women's Day, debated various issues including LNG and obesity, and adjourned the debate on Bill S-205 at the second reading stage.
This record details a Senate sitting on March 8, 2016. The sitting included several procedural activities such as tabling reports and introducing motions. A significant portion of the debate focused on International Women's Day, with senators discussing gender equality, representation in government, and the importance of women's contributions. Other discussions included tributes to a former Premier, the potential of the liquefied natural gas sector in British Columbia, and the findings of a report on obesity in Canada. Notably, Bill S-205, concerning the Canada Border Services Agency Act, was at its second reading stage, but the debate was adjourned. Other bills were also discussed, and their debates were adjourned. The sitting also addressed a motion to adjust the timing of Question Period for the following day, and inquiries regarding the work of the Inter-Parliamentary Union and the situation in the South China Sea were initiated, with debates adjourned.
During the Senate's second reading debate on Bill S-205, senators discussed the need for an independent Inspector General for the Canada Border Services Agency to address concerns about its broad powers and lack of oversight.
This artifact is a record of the Senate's debate on Bill S-205 at the second reading stage on March 24, 2016. The debate focused on the proposed creation of an Inspector General for the Canada Border Services Agency (CBSA) to provide oversight and investigate complaints. Senators discussed the CBSA's broad powers, including arrest, detention, search, and seizure, and the concerns raised by privacy advocates and previous reports regarding the lack of independent oversight. The proposed bill aims to establish an independent body to review the CBSA's activities and handle complaints, with the Inspector General having the power to report and make recommendations. The debate also touched upon the history of similar oversight proposals and the need for accountability.
During the Senate's second reading debate on Bill S-205, Senator Wilfred P. Moore argued for the establishment of an Inspector General for the Canada Border Services Agency to enhance accountability and address concerns about the agency's broad powers, while Senator George Baker questioned the bill's impact on individuals subjected to searches at airports.
During the Senate's second reading debate on Bill S-205, Senator Wilfred P. Moore spoke in support of the bill. He explained that the bill aims to establish an Inspector General for the Canada Border Services Agency (CBSA) to improve accountability and balance the agency's powers. Senator Moore highlighted the extensive powers of CBSA officers, including arrest, detention, and search, noting that these powers exceed those of police officers at the border. He cited concerns raised by the Canadian Civil Liberties Association and the Acting Privacy Commissioner regarding the scope of CBSA's information gathering, the use of surveillance, and the number of complaints filed against the agency. The bill proposes an Inspector General appointed by the Governor-in-Council who would have the authority to report on and investigate CBSA activities and complaints. Senator Moore also noted that previous reports and recommendations from the O'Connor report and the Standing Senate Committee on National Security and Defence had called for an independent oversight body for the CBSA. Senator George Baker also spoke, posing a question about the bill's impact on individuals detained or searched at airports based on suspicion rather than reasonable suspicion, and confirmed with Senator Moore that the bill provides a mechanism for complaints and potential remedy.
On April 14, 2016, the Senate debated and advanced several bills, including Bill S-205 concerning the Canada Border Services Agency, addressed committee reports and inquiries, and held Question Period.
This artifact is a record of a Senate sitting on April 14, 2016. During the sitting, various procedural matters were addressed, including the tabling of committee reports, the presentation of studies, and notices of motions. The Senate also engaged in Question Period, where senators asked questions of the Government Representative on a range of topics. A significant portion of the sitting involved debates on several bills at different stages, including the "Genetic Non-Discrimination Bill" (Bill S-201), "National Seal Products Day Bill" (Bill S-208), "Financial Administration Act" (Bill S-204), and the "Canada Border Services Agency Act" (Bill S-205). Bill S-205, concerning the creation of an Inspector General for the Canada Border Services Agency, was read for the second time and referred to committee. The sitting also included inquiries and debates on topics such as the South China Sea dispute and Syrian refugee integration, and concluded with a motion to adjourn.
During the Senate's second reading debate on Bill S-205, Senator Vernon White supported the establishment of an Inspector General for the Canada Border Services Agency to enhance oversight and public trust, after which the bill was referred to committee.
This record details a debate in the Senate on April 14, 2016, concerning Bill S-205, which aims to establish an Inspector General for the Canada Border Services Agency (CBSA). Senator Vernon White spoke in support of the bill at the second reading stage, highlighting the need for robust oversight of the CBSA due to its critical role in national security and border protection. He noted concerns raised by the Senate's Standing Committee on National Security and Defence regarding the CBSA's practices, particularly in relation to detention facilities and the treatment of individuals. The bill proposes creating an oversight body headed by an inspector general to monitor CBSA activities, investigate complaints, and report to the Minister of Public Safety and the Parliament. The debate concluded with the bill being read a second time and referred to the Standing Senate Committee on National Security and Defence for further examination.
Bill S-205 completed its committee review stage in the Senate on June 22, 2016.
This record shows that Bill S-205 completed its 'Consideration in committee' stage in the Senate on June 22, 2016. This stage involves examining the bill in detail. Following this, the bill moved on to Report stage and then Third reading in the Senate before being sent to the House of Commons.
During a Senate sitting on June 22, 2016, the sixth report of the National Security and Defence Committee regarding Bill S-205 was presented and ordered for future consideration.
This artifact is a record of a Senate sitting on June 22, 2016. During this sitting, the Senate received the sixth report from the Standing Senate Committee on National Security and Defence concerning Bill S-205, an Act to amend the Canada Border Services Agency Act. This report was presented and then ordered to be considered at the next sitting. The sitting also included tributes to departing pages, statements on various topics, the tabling of other committee reports, question period, and debates on other bills (Bill C-15 and Bill C-10).
The Senate Report stage for Bill S-205 was completed on October 25, 2016, after which the bill proceeded to Third Reading and is now awaiting its first reading in the House of Commons.
This artifact describes the Senate Report stage for Bill S-205. The Report stage was completed on October 25, 2016. Following this, the bill underwent Third Reading on the same day. The bill is now awaiting first reading in the House of Commons. The artifact also lists previous stages including First Reading on December 8, 2015, and Second Reading on March 8 and March 24, 2016, with major speeches on April 14, 2016. Consideration in committee took place on June 22, 2016. The artifact notes that a similar bill, S-222, was introduced in a previous Parliament.
This Senate sitting on October 19, 2016, involved tributes, question period on various issues, and significant debate at the report stage of Bill S-205, which proposes an Inspector General for the Canada Border Services Agency, including discussions on amendments and the Inspector General's scope of authority.
This artifact is a record of a Senate sitting on October 19, 2016. The sitting included tributes to the late Honourable Jim Prentice and others, routine proceedings, question period on various topics including health care delivery, defence procurement, and softwood lumber negotiations, and orders of the day. Notably, the Senate proceeded to consider the Sixth Report of the Standing Senate Committee on National Security and Defence concerning Bill S-205, an Act to amend the Canada Border Services Agency Act. This involved debate on amendments proposed by the committee and a further technical amendment moved by Senator Wilfred P. Moore. The debate also included questions regarding the Inspector General's authority, specifically concerning the no-fly list. The sitting also featured debates on other bills, including one to amend the Criminal Code regarding sentencing for violent offences against Indigenous women and another concerning motor vehicle safety. Discussions on Senate modernization and the potential implementation of a basic income program were also part of the day's proceedings.
On October 25, 2016, the Senate held a sitting that included statements, routine proceedings, question period with the Minister of Public Safety, and debates and passage of several bills, notably Bill S-205 at its third reading.
This document is a record of a Senate sitting on October 25, 2016. The sitting included Senator statements on various topics, routine proceedings such as the presentation of committee reports and the first reading of a bill, and a question period where the Minister of Public Safety and Emergency Preparedness answered questions on topics including RCMP post-traumatic stress injuries, national security, gun violence, and carbon tax. The Senate also debated and passed several bills at different stages, including Bill S-205, An Act to amend the Canada Border Services Agency Act. The sitting concluded with further debate on various inquiries and bills.
Bill S-205, concerning the establishment of an Inspector General for the Canada Border Services Agency, completed its third reading in the Senate on October 25, 2016.
On October 25, 2016, the Senate completed the third reading of Bill S-205. This bill proposes to amend the Canada Border Services Agency Act by establishing the position of an Inspector General for the agency and includes consequential amendments to other acts. The bill has since moved to the House of Commons and is awaiting its first reading.
During the third reading debate of Bill S-205 on October 25, 2016, the Senate discussed amendments and concerns regarding the establishment of an Inspector General for the Canada Border Services Agency, ultimately adopting the amended committee report and proceeding to third reading.
On October 25, 2016, the Senate debated Bill S-205, an Act to amend the Canada Border Services Agency Act (Inspector General of the Canada Border Services Agency) and to make consequential amendments to other Acts. The debate occurred at the third reading stage. Senators discussed amendments and shared personal stories and concerns related to the bill's provisions and the operations of the Canada Border Services Agency (CBSA). The report from the Senate Committee on National Security and Defence, as amended, was adopted, and the bill proceeded to third reading.
Bill S-205, an Act to amend the Canada Border Services Agency Act, has not yet reached its First Reading in the House of Commons.
This artifact indicates that Bill S-205 has not yet reached the First Reading stage in the House of Commons. The bill was previously in the Senate, where it completed third reading on October 25, 2016. The record also shows past activities for this bill, including its progression through different stages in the Senate and indicates that a similar bill, S-222, was introduced in a previous Parliament.
Bill S-205, an Act to amend the Canada Border Services Agency Act, has not yet reached the Second Reading stage in the House of Commons and is awaiting its first reading.
This artifact shows the status of Bill S-205 in the House of Commons. It indicates that the bill has not yet reached the Second Reading stage in the House of Commons. It also provides a history of the bill's progress, including its introduction in the Senate, its journey through various stages there, and its current status as a Senate bill awaiting its first reading in the House of Commons.
The 'House of Commons Consideration in committee' stage for Bill S-205 has not yet been reached, with the bill's current status being 'Senate bill awaiting first reading in the House of Commons'.
This artifact describes the stage 'House of Commons Consideration in committee' for Bill S-205. However, the status of this stage is marked as 'Not reached'. The bill's current overall status is 'Senate bill awaiting first reading in the House of Commons'. The artifact provides a timeline of the bill's progression through the Senate, including first reading on December 8, 2015, and third reading on October 25, 2016. It also notes the introduction date in the House of Commons as October 31, 2017. The artifact does not detail any proceedings or discussions that occurred during the 'Consideration in committee' stage in the House of Commons, as it was not reached.
The Report Stage for Bill S-205 in the House of Commons has not yet occurred, with the bill currently awaiting its first reading in that chamber.
This artifact describes the procedural status of Bill S-205 in the House of Commons. It indicates that the Report Stage for this bill has not yet been reached. The provided information details the bill's journey through various stages in both the Senate and the House of Commons, including readings, committee work, and third reading, up to its current status of awaiting first reading in the House of Commons.
Bill S-205 has not yet reached the Third Reading stage in the House of Commons, with its current status being a Senate bill awaiting first reading.
This record indicates that Bill S-205 has not yet reached the Third Reading stage in the House of Commons. The bill's current status is "Senate bill awaiting first reading in the House of Commons." The timeline shows that the Third Reading stage in the House of Commons was scheduled for Tuesday, October 31, 2017, but the stage state is marked as "Not reached."
Debate and sitting links point to official parliamentary sources when LEGISinfo publishes them. Any plain-language discussion summaries should be generated from those official texts and reviewed before public display.
Vote Summary
This bill is still active. We only show vote counts after the legislature publishes a recorded division.
No published representative vote breakdown
This bill is still moving through the process. When a recorded division is published, representative positions can be listed here.
Official sources
Status, sponsor, votes, and timeline on this page are drawn from these official legislative sources and public records. Each summary above is attributed to its own source.
How this data is sourced