Bill C-26 · 38th Parliament · Paul Martin
Canada Border Services Agency Act
An Act to establish the Canada Border Services Agency
Government bill. Became law.
- IntroducedNov. 23, 2004
- Debated in principleDec. 13, 2004
- Studied by a committeeDone
- Passed its first chamberJune 13, 2005
- Passed the second chamberNov. 1, 2005
- Became lawNov. 3, 2005
Leading supporters
Ranked by the part each played: who is responsible for the bill, who carried it, and who spoke for it most.
- Paul MartinPrime Minister
Who carries this bill
Arrows run from the person responsible to those who answer to them on this bill. The critic leads the Senate’s scrutiny and answers to no one on it.
Where members stand
Votes and debate for this bill have not been read yet.
How it changed on the way
68% of the text as introduced was changed or removed by the time it became law (27,084 words introduced, 19,567 passed).
substantial changeintent mostly kept
The core structure and mandate of the Canada Border Services Agency remained intact, but Parliament added a new annual reporting obligation and refined several transitional and agreement clauses. 68% of the introduced text was altered, removed or replaced during passage.
- A new annual report requirement was inserted after the appropriation acts reference.
After: “ANNUAL REPORT 15.1 Annual report”
How precisely it is written
vagueChallenging the law: ModerateDisputing a charge: Moderate
The text relies on many undefined or shifting terms and broad discretionary phrases that leave key powers and duties open to interpretation. Multiple cross-references and subjective standards make it hard to determine exactly what conduct is required or permitted without further argument.
Open to argument
“in a capacity appropriate to the exercise of the power or the performance of the duty or”
Uses a subjective standard of appropriateness instead of an objective test or defined role.“any general or special direction given by the Minister”
Grants open-ended discretion without limits on content or form of directions.“that the President considers necessary for ascertaining whether any of sections 5 to 10 apply”
Ties obligation to the President's personal opinion rather than an objective criterion.
Clear-cut
“"Agency" means the Canada Border Services Agency established under subsection 3(1).”
Provides a direct statutory reference that fixes the entity's identity.“Officers and employees necessary for the proper conduct of the work of the Agency shall be appointed in accordance with the Public Service Employment Act.”
Names a specific statute that governs appointments, narrowing the source of rules.
Discretion. Extensive discretion is left to the Minister, the President and designated officers to decide what powers to exercise, what directions to issue, what records to demand and what amounts to waive or cancel.
Challenging the law itself. Broad discretionary language and undefined terms such as 'appropriate' and 'reasonably be regarded as necessary' could support a vagueness or overbreadth argument under section 7 of the Charter.
Disputing a charge under it. A person facing an enforcement action could readily dispute whether a demand or direction fell within the subjective standards of appropriateness or necessity set out in the text.
Read by a language model from the royal assent text; every quoted phrase appears in the bill. A reading of the drafting, not legal advice.
Did it work?
effective
The Canada Border Services Agency Act (S.C. 2005, c. 38) achieved its core objective by formally establishing the CBSA as a body corporate with defined mandate, powers, and authorities, following its initial creation by Order in Council in 2003. Subsequent audits and reviews confirm the Agency's ongoing operation and integration of border functions, though performance challenges in risk management and oversight have been noted.
- Office of the Auditor General of Canada, Chapter 5: Keeping the Border Open and Secure - Canada Border Services Agency (2007)auditThe audit examined the newly created CBSA's efforts to integrate operations from three predecessor agencies and manage border risks, noting persistent challenges but confirming the Agency's establishment and activities since 2003.
- National Security and Intelligence Committee of Parliamentarians Annual Report 2019: Chapter 3reviewThe report reviews CBSA's national security activities post-establishment under the CBSA Act, confirming the Agency's statutory mandate and operations while noting external review mechanisms.
- Library of Parliament Legislative Summary LS-496E on Bill C-26reviewThe summary details how Bill C-26 implemented the decision to create the CBSA, formally establishing it as a corporate body with integrated border responsibilities.
Who lobbied on it
No lobbying registration naming this bill is loaded.
Stages and dates from LEGISinfo.