Strengthening Canada’s Immigration System and Borders Act (S.C. 2026, c. 4)
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Assented to 2026-03-26
PART 92000, c. 17; 2001, c. 41, s. 48Proceeds of Crime (Money Laundering) and Terrorist Financing Act (continued)
Amendments to the Act (continued)
89 (1) Subsection 55(1) of the Act is amended by adding the following after paragraph (b.2):
(b.3) information provided under section 11.4002, 11.4005, 11.4007, 11.4008, 11.401 or 11.4012 except for identifying information referred to in subsection 54.2(3);
(2) Subsection 55(3) of the Act is amended by adding the following after paragraph (f.1):
(f.2) the Commissioner of Canada Elections, if the Centre also has reasonable grounds to suspect that the information is relevant to investigating or prosecuting an offence or violation under the Canada Elections Act or an attempt to commit such an offence or violation;
90 Subsection 55.1(1) of the Act is amended by adding the following after paragraph (d):
(d.1) the Commissioner of Canada Elections, if the Centre also has reasonable grounds to suspect that the information is relevant to investigating or prosecuting an offence or violation under the Canada Elections Act or an attempt to commit such an offence or violation;
91 The portion of subsection 62(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:To ensure compliance
62 (1) An authorized person may, from time to time, examine the records and inquire into the business and affairs of any person or entity referred to in section 5 or any person or entity that the authorized person believes on reasonable grounds to be a person or entity referred to in that section for the purpose of ensuring compliance with Part 1 or 1.1, and for that purpose may
92 Section 72.1 of the French version of the Act is replaced by the following:
Marginal note:Personne autorisée
72.1 S’agissant d’une personne ou entité visée à l’alinéa 5h.1), il suffit, pour que les avis soient considérés comme signifiés par le Centre ou à sa demande, qu’ils soient signifiés à la personne dont le nom est indiqué dans la demande d’inscription visée au paragraphe 11.12(1) — ou qui est fourni conformément au paragraphe 11.13(1) — qui est autorisée à accepter, au nom de la personne ou entité visée à cet alinéa, des avis signifiés par le Centre en vertu de la présente loi ou que celui-ci fait signifier en vertu de celle-ci.
93 Subsection 73(1) of the Act is amended by adding the following after paragraph (j):
(j.1) respecting the enrolment referred to in sections 11.4001 to 11.4015;
94 The heading of Part 4.1 of the Act is replaced by the following:
Notices of Violation, Compliance Agreements, Compliance Orders and Penalties
95 (1) Paragraph 73.1(1)(b) of the Act is replaced by the following:
(b) classifying each prescribed violation as a minor violation, a serious violation or a very serious violation and classifying a series of minor violations as a serious violation or a very serious violation;
(2) Paragraph 73.1(1)(c) of the English version of the Act is replaced by the following:
(c) having regard to subsection (2), fixing a penalty, or a range of penalties, in respect of any prescribed violation;
(3) Paragraph 73.1(1)(d) of the Act is repealed.
(4) Subsection 73.1(2) of the Act is replaced by the following:
Marginal note:Maximum penalties — prescribed violation
(2) The maximum penalty for a prescribed violation is $4,000,000 if the violation is committed by a person and $20,000,000 if the violation is committed by an entity.
Marginal note:Maximum penalties — cumulative
(3) The maximum penalty for all the prescribed violations identified on a notice of violation taken together is
(a) in the case of a person, the greater of $4,000,000 and 3% of the person’s gross global income in the year before the one in which the penalty is imposed; and
(b) in the case of an entity, the greater of $20,000,000 and 3% of the entity’s gross global revenue in its financial year before the one in which the penalty is imposed.
Marginal note:Gross global revenue — affiliated entities
(4) If an entity is part of a group of entities that are affiliated, within the meaning of subsection 9.8(2), then, for the purpose of determining the maximum penalty applicable to the entity under paragraph (3)(b), the entity’s gross global revenue is deemed to be the gross global revenue of the group for the financial year before the one in which the penalty is imposed.
96 Sections 73.11 to 73.13 of the Act are replaced by the following:
Marginal note:Criteria for penalty
73.11 Except if a penalty is fixed under paragraph 73.1(1)(c), the amount of a penalty shall, in each case, be determined taking into account
(a) the fact that penalties have as their purpose to encourage compliance with this Act rather than to punish;
(b) the harm done by the violation;
(c) the ability of the person or entity to pay the amount; and
(d) any other criteria that may be prescribed by regulation.
Marginal note:Information respecting ability to pay
73.111 (1) Subject to subsection (2), if the Centre requests information from the person or entity to enable the Centre to take into account paragraph 73.11(c), the person or entity may, in any representations made under subsection 73.15(2) with respect to that paragraph, rely only on information that the person or entity provided to the Centre before the deadline indicated by the Centre.
Marginal note:New information
(2) In the representations, the person or entity may rely on new information with respect to paragraph 73.11(c) only if
(a) that information is with respect to facts that arose after the deadline;
(b) that information was not reasonably available before the deadline; or
(c) the person or entity could not reasonably have been expected in the circumstances to have provided that information before the deadline.
Marginal note:Violation or offence
73.12 If an act or omission may be proceeded with as a violation or as an offence, proceeding with it in one manner precludes proceeding with it in the other.
Marginal note:Prescribed violations
73.13 Every contravention that is designated under paragraph 73.1(1)(a) constitutes a prescribed violation and the person or entity that commits the prescribed violation is liable to a penalty determined in accordance with sections 73.1 and 73.11.
97 The Act is amended by adding the following before section 73.14:
Marginal note:Notice of violation
73.131 If the Centre believes on reasonable grounds that a person or entity has committed a prescribed violation or a compliance order violation, the Centre may issue and cause to be served on the person or entity a notice of violation.
98 The portion of subsection 73.14(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Contents of notice
73.14 (1) When the Centre issues a notice of violation, the notice shall name the person or entity believed to have committed a violation, identify the violation and set out
99 Subsection 73.15(4) of the Act is replaced by the following:
Marginal note:Notice of decision and right of appeal
(4) The Director shall cause notice of any decision made under subsection (2) or the penalty imposed under subsection (3) to be issued and served on the person or entity together with, in the case of a decision made under subsection (2) in respect of a serious violation, a very serious violation or a compliance order violation, notice of the right of appeal under subsection 73.21(1).
100 The heading before section 73.16 and sections 73.16 to 73.2 of the Act are replaced by the following:
Compliance Agreements, Compliance Orders and Compliance Order Violations
Marginal note:Compliance agreement
73.16 (1) If a person or entity has committed a prescribed violation, then as soon as feasible after proceedings with respect to that prescribed violation are ended, the Centre shall require the person or entity to enter into a compliance agreement with the Centre.
Marginal note:Mandatory content
(2) The compliance agreement shall identify the prescribed violation and the provision to which it relates and, in addition to any other terms to which the parties may agree, shall include the following terms:
(a) the measures that are to be taken by the person or entity to comply with the provision; and
(b) the deadline for complying with the agreement.
Marginal note:Extension of deadline
(3) The Centre may amend the agreement by extending the deadline referred to in paragraph (2)(b) by a maximum period of one year if it is satisfied that the person or entity is making substantial progress in meeting the terms of the agreement, such that an extension would encourage compliance with this Act.
Marginal note:Refusal to enter into agreement
(4) Unless the person or entity enters into a compliance agreement within six months after the Centre requires it, or within any other longer period that the Centre allows, the person or entity is deemed to have refused to enter into a compliance agreement.
Marginal note:Compliance order
73.17 (1) If a person or entity refuses to enter into a compliance agreement or fails to comply with such an agreement before the deadline referred to in paragraph 73.16(2)(b), the Director of the Centre shall, as soon as feasible after the refusal or the deadline, as the case may be, make a compliance order and cause it to be served on the person or entity.
Marginal note:Mandatory content
(2) The compliance order shall identify the name of the person or entity that committed the prescribed violation and the provision to which the violation relates, specify that the person or entity refused to enter into a compliance agreement or that they failed to comply with one, as the case may be, and include the following terms:
(a) a requirement that the person or entity comply with the provision;
(b) a requirement that the person or entity make public the measures taken or to be taken by the person or entity to comply with the provision; and
(c) the deadline for complying with the order.
Marginal note:Reasons
(3) The Director may include in the order the reasons for making it, including the relevant facts, analysis and considerations that formed part of the decision.
Marginal note:Publication of compliance order
(4) As soon as feasible after making the compliance order, the Director shall make it public.
Marginal note:Extension of deadline for compliance
(5) The Director may amend the order by extending the deadline referred to in paragraph (2)(c) by a maximum period of one year if the Director is satisfied that the person or entity is making substantial progress in meeting the terms of the order, such that an extension would encourage compliance with this Act.
Marginal note:Compliance order violation
73.18 (1) The contravention of a compliance order made under section 73.17 is a compliance order violation and the person or entity that commits the compliance order violation is liable to a penalty determined in accordance with subsection (2).
Marginal note:Penalty
(2) The amount of a penalty for a compliance order violation shall, in each case, be determined in accordance with section 73.11 and shall not exceed
(a) in the case of a person, the greater of $5,000,000 and 3% of the person’s gross global income in the year before the one in which the penalty is imposed; and
(b) in the case of an entity, the greater of $30,000,000 and 3% of the entity’s gross global revenue in its financial year before the one in which the penalty is imposed.
Marginal note:Gross global revenue — affiliated entities
(3) If an entity is part of a group of entities that are affiliated, within the meaning of subsection 9.8(2), then, for the purpose of determining the maximum penalty applicable to the entity under paragraph (2)(b), the entity’s gross global revenue is deemed to be the gross global revenue of the group for the financial year before the one in which the penalty is imposed.
101 (1) Subsection 73.21(1) of the Act is replaced by the following:
Marginal note:Right of appeal
73.21 (1) A person or entity on which a notice of a decision made under subsection 73.15(2) is served, in respect of a serious violation, a very serious violation or a compliance order violation, may, within 30 days after the day on which the notice is served, or within any longer period that the Court allows, appeal the decision to the Federal Court.
(2) Subsection 73.21(3) of the Act is repealed.
102 (1) The portion of subsection 73.22(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Publication
73.22 (1) In the following cases, the Centre shall make public, as soon as feasible, the nature of the violation, the name of the person or entity and the amount of the applicable penalty:
(2) Paragraphs 73.22(1)(c) and (d) of the Act are repealed.
103 Subsection 73.27(1) of the Act is replaced by the following:
Marginal note:Collecting penalties
73.27 (1) The Centre may, for the purpose of collecting penalties proposed in a notice of violation or imposed under this Part, enter into a contract, memorandum of understanding or other agreement with a department or an agency of the Government of Canada or the government of a province and with any other person or organization, inside Canada, in its own name or in the name of His Majesty in right of Canada.
104 Section 73.4 of the Act is replaced by the following:
Marginal note:Evidence
73.4 In a proceeding in respect of a violation or a prosecution for an offence, a notice of violation purporting to be issued under section 73.131, a notice of decision purporting to be issued under subsection 73.15(4) or a certificate purporting to be made under subsection 73.26(1) is admissible in evidence without proof of the signature or official character of the person appearing to have signed it.
105 (1) The portion of subsection 74(1) of the Act before paragraph (a) is amended by replacing “sections 9.5 to 9.7” with “section 9.5, subsections 9.6(1), (2) and (3), sections 9.61, 9.7”.
(2) The portion of subsection 74(1) of the Act before paragraph (a) is amended by replacing “11.1” with “11.1, 11.4001”.
(3) Paragraphs 74(1)(a) and (b) of the Act are replaced by the following:
(a) on summary conviction, to a fine of not more than $2,500,000 or to imprisonment for a term of not more than two years less a day, or to both; or
(b) on conviction on indictment, to a fine of not more than $5,000,000 or to imprisonment for a term of not more than five years, or to both.
(4) Paragraphs 74(2)(a) and (b) of the Act are replaced by the following:
(a) on summary conviction, to a fine of not more than $2,500,000 or to imprisonment for a term of not more than two years less a day, or to both; or
(b) on conviction on indictment, to a fine of not more than $5,000,000 or to imprisonment for a term of not more than five years, or to both.
106 Paragraphs 75(1)(a) and (b) of the Act are replaced by the following:
(a) on summary conviction, to a fine of not more than $10,000,000 or to imprisonment for a term of not more than two years less a day, or to both; or
(b) on conviction on indictment, to a fine of not more than $20,000,000 or to imprisonment for a term of not more than five years, or to both.
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