Strong Borders Act
An Act respecting certain measures relating to the security of the border between Canada and the United States and respecting other related security measures
Summary
A wideâranging security bill that expands border, immigration, antiâmoneyâlaundering (AML), and investigative powers to secure the CanadaâU.S. border and modernize lawful access to information. It gives CBSA expanded access to exportâbound goods and continues freeâofâcharge facility obligations, lets Canada Post open letters on reasonable suspicion, and authorizes the Coast Guard to collect and share security intelligence. It tightens asylum and immigration controls, including new ineligibility grounds, physicalâpresence requirements, and orders in council that can pause, terminate, or cancel classes of applications or documents. The AML regime is toughened with enrolment, higher penalties, a ban on thirdâparty cash deposits, and a prohibition on cash payments or donations of $10,000 or more. A new Supporting Authorized Access to Information Act compels electronic service providers to maintain capabilities to assist lawful access, with a safeguard against mandated systemic vulnerabilities, and adds new Criminal Code and CSIS informationâdemand tools with limited judicial review and nonâdisclosure provisions.
- CBSA: expanded access to export goods; continued freeâofâcharge facilities for officers; postal opening of letters under suspicion.
- Immigration/Asylum: added ineligibility grounds, abandonment/withdrawal processes, physicalâpresence rule; sweeping orders in council to suspend/terminate processing and cancel/suspend visas and permits.
- AML/FINTRAC: mandatory enrolment, tougher penalties, new cash restrictions (no thirdâparty deposits; no cash payments/donations ⼠$10,000), expanded seizure/forfeiture tools, OSFIâFINTRAC infoâsharing.
- Lawful access: new Criminal Code and CSIS informationâdemand and productionâorder tools; Supporting Authorized Access to Information Act imposing technicalâassistance obligations on service providers with confidentiality, inspections, and AMPs; explicit bar on requiring systemic vulnerabilities.
- Other: expanded Coast Guard security intelligence powers; sexâoffender travel data sharing; Canada Post seizure/detention only per statute; modernized dataâgathering provisions for investigations.
Builder Assessment
The bill materially improves safety and financialâsystem integrity, but it imposes heavy compliance costs, sweeping ministerial powers, and cash restrictions that constrain economic freedom and may dampen investment and trade competitiveness. On balance, the economic downsides and regulatory burden outweigh clear gains toward prosperityâfocused tenets, despite notable security benefits.
- Security wins: modern AML enforcement, crossâagency informationâsharing, and lawfulâaccess tools strengthen safety for Canadians and uphold secure borders.
- Economic freedom and investment risks: cash prohibitions, mandatory technicalâassistance obligations, and large AML penalties increase costs and legal exposure for businesses and innovators.
- Trade frictions: expanded CBSA access and ongoing freeâfacility obligations can slow export logistics and raise costs without offsetting service standards.
- Sweeping immigration orders: broad powers to suspend/terminate processing and cancel documents need tighter guardrails to avoid uncertainty for employers and applicants.
Suggestions to better align with growth and competitiveness while maintaining safety:
- Provide simple, lowâfriction exemptions or alternatives for legitimate highâvalue transactions (e.g., certified nonâcash instruments), and publish a clear riskâbased guidance to avoid penalizing compliant SMEs and charities.
- Set service standards and digital preâclearance targets for CBSA export examinations; clarify and limit freeâfacility obligations or offer predictable costâsharing to avoid higher shipping fees.
- Make provider compensation for lawfulâaccess orders predictable by regulation, reinforce the noâsystemicâvulnerability rule, and require short, renewable order durations with transparent metrics.
- For immigration orders, define objective criteria, automatic sunsets, and prompt public reporting to provide certainty for employers and applicants while maintaining security.
Question Period Cards
What is the governmentâs estimate of the impact on small businesses and charities of banning cash payments and donations of $10,000 or more, and where is the analysis showing the reduction in money laundering justifies the compliance and revenue hit to legitimate actors?
Under the billâs new orders in council that can suspend or terminate classes of immigration applications and cancel existing documents, what concrete safeguards, time limits, and reporting to Parliament will prevent overreach and ensure due process for applicants already in the queue?
How will the Supporting Authorized Access to Information Act avoid creating de facto encryption backdoors or costly custom interfaces for Canadian tech firms, and will the government commit to transparent, timely compensation and strict limits on ministerial orders that could harm privacy and competitiveness?
Principles Analysis
Canada should aim to be the world's most prosperous country.
Enhanced security and AML can protect the economy, but broad compliance costs, cash restrictions, and potential trade friction make net prosperity effects uncertain.
Promote economic freedom, ambition, and breaking from bureaucratic inertia (reduce red tape).
Introduces new prohibitions (e.g., cash acceptance), mandatory capabilities for service providers, and sweeping ministerial order powers â increasing constraints on commerce and enterprise.
Drive national productivity and global competitiveness, including removing interprovincial trade barriers and improving labour mobility (one country, one market).
Security upgrades may reduce crime risk, but greater border checks, postal opening, and compliance burdens can slow operations and raise costs for exporters and digital firms.
Grow exports of Canadian products and resources, and move up the value chain by processing resources domestically rather than exporting them raw.
No direct export promotion; expanded CBSA access and facility obligations may create logistics friction even as they aim to keep the border secure.
Encourage investment, innovation, and resource development.
Heavier AML and lawfulâaccess obligations raise costs and legal risk for financial, technology, and telecom firms, which can chill investment despite the noâsystemicâvulnerability safeguard.
Deliver better public services at lower cost (government efficiency).
Streamlines informationâsharing, modernizes investigative tools, clarifies asylum processing, and reduces procedural delays through standardized orders and forms.
Reform taxes to incentivize work, risk-taking, and innovation.
No tax measures.
Focus on large-scale prosperity, not incrementalism.
Large in scope for security and enforcement, but not oriented to broad-based economic prosperity.
Did we get the builder vote wrong?
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