An overview of the “Strong Borders Act” (Bill C-2) related to upcoming changes to Immigration and Refugee System
On June 3, 2025, Bill C-2, known as the “Strong Borders Act,” was introduced in the House of Commons, proposing substantial amendments across various Canadian statutes. This legislative initiative aims to fortify Canada’s border security and introduce an array of related measures. For those navigating Canada’s immigration and refugee landscape, several key changes are particularly noteworthy.
Information Sharing Enhancements (Part 6)
Part 6 of the “Strong Borders Act” introduces new provisions regarding the sharing of personal information within the Department of Citizenship and Immigration and with other governmental entities. The Minister of Citizenship and Immigration would be empowered to disclose personal information under the Department’s control for purposes related to the administration or enforcement of federal or provincial laws, or in the exercise of their duties under statutory or other lawful authority. Such disclosures would typically occur under a written agreement or arrangement specifying the information to be shared, the purpose of disclosure, and any limitations on its subsequent use or transfer.
A crucial safeguard is also introduced: provincial governments and Crown corporations receiving personal information under these provisions would be prohibited from disclosing it to foreign entities unless the Minister provides written consent and the disclosure aligns with Canada’s international obligations concerning mistreatment. Furthermore, the Bill explicitly allows for regulations governing the disclosure of information collected under the Immigration and Refugee Protection Act to other federal departments and agencies for cooperative purposes.
Reforms to the In-Canada Asylum System (Part 7)
Part 7 of the Bill introduces significant changes to the Immigration and Refugee Protection Act, particularly impacting the in-Canada asylum system.
- Elimination of Designated Countries of Origin (DCO) Regime: The DCO regime would be abolished.
- Ministerial Authority over Claim Requirements: The Minister of Citizenship and Immigration would be authorized to specify the information and documents required to support a claim for refugee protection.
- Abandoned and Withdrawn Claims: The Refugee Protection Division (RPD) would gain the authority to determine that a refugee protection claim has been abandoned in specific circumstances, even if it has not yet been referred to the RPD. Similarly, the Minister would be empowered to determine that a claim has been withdrawn in certain situations before its referral to the RPD.
- Claimant Presence in Canada: The Bill would mandate that the RPD and the Refugee Appeal Division (RAD) suspend proceedings regarding a refugee protection claim if the claimant is not physically present in Canada.
- Clarity in Decision-Making: Decisions of the Immigration and Refugee Board (IRB) and their accompanying reasons would be required to be rendered in the manner specified by the Chairperson of the Board.
- Representation for Vulnerable Persons: Regulations could be established to outline circumstances in which the Minister of Citizenship and Immigration or the Minister of Public Safety and Emergency Preparedness must designate a representative for individuals under 18 years of age or those unable to comprehend the nature of a proceeding or application.
- Transitional Provisions: This section also includes transitional provisions to manage the shift to the new rules.
Measures Regarding Applications and Documents (Part 8)
Part 8 grants broad powers to the Governor in Council concerning immigration applications and documents, driven by public interest considerations.
- Processing of Applications: The Governor in Council could order that certain applications for visas or other documents from foreign nationals not be accepted for processing, or that their processing be suspended or terminated, if it is deemed to be in the public interest.
- Cancellation, Suspension, or Variation of Documents: Similar public interest orders could be made to cancel, suspend, or vary immigration documents, such as permanent or temporary resident visas, work permits, and study permits, or to impose or vary conditions on these documents .
- Obligation to Comply: Individuals would be obligated to appear for examinations, answer questions truthfully, and provide all relevant documents or evidence when an officer requires it for the application of such orders.
- Regulatory Authority: Regulations could be established to prescribe the specific circumstances under which documents can be cancelled, suspended, or varied, and when officers may terminate the processing of certain applications.
New Grounds for Ineligibility (Part 9)
Part 9 introduces new criteria for ineligibility for refugee protection claims.
- Late Claims for Post-June 24, 2020 Entrants: A new ground for ineligibility would apply if a claimant entered Canada after June 24, 2020, and made their claim more than one year after their entry. For individuals with multiple entries after this date, the one-year period would commence from the day after their first entry.
- Irregular Border Crossings from the U.S.: Ineligibility would also apply if a claimant entered Canada at a location along the Canada-United States land border (including adjacent waters) that is not a designated port of entry, and made their claim after a prescribed time limit.
- Exceptions and Retroactive Application: The Bill provides for the creation of regulations to establish exceptions to these new ineligibility grounds. A transitional provision ensures that these new grounds would apply retroactively to claims made between the Bill’s introduction date and the day before it receives Royal Assent, but not to claims made before the Bill’s introduction.
Conclusion
The “Strong Borders Act” proposes a comprehensive set of legislative changes that will significantly impact Canada’s immigration and refugee system. Understanding these amendments is crucial for individuals, families, and organizations involved in immigration and refugee processes. As this Bill progresses through Parliament, it will be essential to monitor its development and eventual coming into force dates to understand the full scope of its implications.
Disclaimer: This blog post provides a general overview of the proposed changes in the “Strong Borders Act” (Bill C-2) based on the provided document. It is not intended as legal advice, and its content should not be relied upon as such. For specific legal guidance regarding your individual circumstances, please consult with a qualified legal professional.
