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S-7At second reading in the House of Commons

Law to Update Customs and Border Rules

Updating Customs and Border Laws

Introduced Oct 20, 2022
Summary

This proposed law would change how border officers and preclearance officers (those who check you *before* you leave Canada for the US) do their jobs. It would let them look at documents on your phone or other electronic devices, like emails, texts, and photos. They can do this if they have a general concern that you might be breaking customs laws or other laws about bringing things into or out of the country. The proposed law also allows officers to make electronic copies of documents they seize and increases the time limit to start summary conviction proceedings from three to eight years. This change affects anyone crossing the Canadian border or going through preclearance before flying to the US. It also affects businesses that import or export goods. It matters because it gives border officers more power to search your personal devices. It also makes it easier to prosecute people who break customs laws. However, the proposed law does not apply to devices being imported or exported for sale or commercial use.

Where This Lands on Key Issues

Where this proposed law falls on the policy spectrums that Canadians care about

National Security & DefenceMeet NATO commitments

Changes to border procedures and customs enforcement could have a slight impact on national security, potentially improving detection of illegal activities.

Crime & Public SafetyFocus on rehabilitation and prevention

The bill's focus on customs and border control suggests a move towards stricter enforcement, potentially impacting crime rates and public safety.

This bill
Bill Quality
Mixed

This proposed law lets border officers examine your phone or laptop at the border under certain conditions. It also increases the time limit for prosecuting offenses and updates penalties, but it raises concerns about privacy and how easily officers can search your devices.

Things to Watch For

  • The rules for searching devices are not very specific, which could lead to inconsistent enforcement.
  • It is not clear what 'reasonable general concern' means, which could allow officers too much freedom.
  • The law does not specify what happens to your data after it is copied from your device.
  • The increased time to prosecute offenses could make it harder for people to defend themselves.
  • Travelers should be aware of their rights regarding device searches before crossing the border.
Progress

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