The Strong Borders Act: Privacy impacts

On June 3, 2025, the Minister of Public Safety tabled Bill C-2, otherwise known as the Strong Borders Act. Bill C-2 appears to be the new Canadian government’s response to calls from the US administration to beef up the US-Canadian border. It is primarily aimed at strengthening federal laws surrounding immigration, money laundering, transnational organized crime, and illegal fentanyl supply. If passed, however, it will also grant more expansive powers for law enforcement and other government bodies to seize and access information. These expanded powers will impact privacy and data protection in Canada, particularly how government bodies access and disclose individuals' information.

Strengthening law enforcement access to subscriber information

Bill C-2 proposes to amend the Criminal Code to expand the ability of law enforcement to access subscriber information. Under Bill C-2, law enforcement would (where they have reasonable grounds to believe that it will assist in investigating an offence) be empowered to issue an information demand to a person providing services to the public, compelling them to share any of the following information:

• whether they provide or have provided services to a specified subscriber, client, account, or identifier;
• whether they possess any information, including transmission data, on the specified subscriber, client, account, or identifier;
• the period during which the services were provided or are being provided;
• the name and identifier of any other person providing services to the specified subscriber, client, account, or identifier; and
• where the services were provided. In the case that they are or were provided outside of Canada, the provider may be asked to provide the country and municipality in which the services were provided.

The ability of law enforcement to obtain disclosure of the actual subscriber information itself under these provisions is somewhat limited. The demand may only be made for information confirming whether the service provider possesses the information, and does not extend to requiring the service provider to disclose the data itself. To obtain the data, law enforcement must still apply for a judicial production order. Moreover, Canadian courts can authorize law enforcement to request subscriber information or transmission data from foreign entities providing telecommunications services to the public.

Newly proposed Supporting Authorized Access to Information Act

Bill C-2 also introduces a new Supporting Authorized Access to Information Act to facilitate information transfer from electronic service providers to persons authorized to access information under the Canadian Criminal Code or the Canadian Security Intelligence Service Act. This new legislation would require electronic service providers to give all reasonable assistance to help authorized persons access requested information while keeping requested information secret. SAAIA also leaves room for the Governor in Council to identify “core providers” and make additional regulations pertaining to them. 

Expanded powers to collect, use and disclose information without knowledge or consent

Finally, Bill C-2 also proposes to give expanded powers to certain federal government agencies to collect, use, and disclose personal information:

• Bill C-2 proposes to amend the Proceeds of Crime (Money Laundering) and Terrorist Financing Act to permit certain federal organizations such as banks and credit unions to collect an individual’s personal information without their knowledge or consent, so long as the information is disclosed by the RCMP or another prescribed government institution or law enforcement agency. There are two important limits on these expanded powers:
  • First, the government agency which discloses the personal information must affirm in writing that (i) the disclosure is being made without consent, (ii) the purpose of disclosure is to detect or deter money launder, terrorist activity financing, or sanctions evasion, and (iii) obtaining consent from the individual would hurt the mission to detect or deter money laundering, terrorist activity financing, or sanctions evasion.
  • Second, the individual or entity to whom the disclosure is made must only use the information for purposes related to detecting or deterring a violation of federal or provincial laws in relation to money laundering, terrorist activity financing, or sanctions evasion.
• Finally, Bill C-2 also proposes to amend the Department of Citizenship and Immigration Act to expand the powers of the Minister of Citizenship and Immigration to disclose personal information under the control of that department with other federal or provincial government departments, ministries and agencies, including Crown corporations.

Key takeaways

Tech, telecommunications, organizations in the financial industry and similar providers will want to carefully watch the progress of this Bill which has the potential to materially impact requirements for cooperation with law enforcement.

Should you have any questions, don’t hesitate to reach out to the authors.