TECHNATION’s Open Letter on Bill C-2 Strong Borders Act
To:
The Honourable Gary Anandasangaree P.C., M.P., Minister of Public Safety
CC:
The Honourable Lena Metlege Diab P.C., M.P., Minister of Immigration, Refugees and Citizenship
The Honourable Sean Fraser P.C., M.P., Minister of Justice and Attorney General of Canada
Open Letter: Bill C-2 Strong Borders Act
Dear Minister Anandasangaree,
TECHNATION is Canada’s leading technology association. Our members encompass Canadian large companies and SMEs, multinationals and innovators who contribute to enhancing Canada’s economic growth and global competitiveness through technology.
We would like to acknowledge and commend the Government for its ongoing commitment to strengthening border security through the Bill C‑12 (Strengthening Canada’s Immigration System and Borders Act), which advances Canada’s security priorities.
However, as Bill C-2 (the Strong Borders Act) remains active, we are writing to you to raise significant concerns regarding Bill C-2 (the Strong Borders Act). As currently drafted, Sections 14 and 15 of Bill C-2 are concerning and present unintended risks to Canada’s digital resilience, privacy, and innovation ecosystem.
These risks are outlined below:
1. Operational and Regulatory Uncertainty
Section 14 introduces compressed timelines and broad compliance obligations, creating uncertainty for technology providers with complex, cross-border operations. The short response periods and undefined scope of “assistance” could result in inadvertent non-compliance, administrative inefficiencies, and costly duplication. Such uncertainty undermines predictability for both businesses and law enforcement, hindering the effective implementation of Canada’s border-security objectives.
2. Security, Privacy, and Public Trust
Section 15’s technical-capability and non-disclosure provisions risk weakening the very foundations of Canada’s cybersecurity framework and introduce vulnerabilities into digital infrastructure. Mandating or facilitating access without clear technical standards and robust protections against weakening security technologies and features, like end-to-end encryption, could expose Canadians, businesses, and public institutions to exploitation by malicious actors. These measures would erode public trust in digital services and compromise the privacy protections that underpins Canada’s digital economy and international reputation.
3. Impact on Innovation, Investment, and Economic Growth
Sections 14 and 15 discourage domestic and international investment in Canada’s technology sector. Potential requirements to weaken secure architectures or deploy intrusive access tools would impose high compliance costs, deter research and development, and reduce Canada’s attractiveness as a hub for innovation and talent. Maintaining clear, adaptable, pro-security and innovation-friendly regulatory conditions is essential for advancing both security and economic growth.
4. Risks to Vulnerable Populations and Social Equity
Encryption and secure communications are essential safeguards for vulnerable populations and for organisations that rely on digital platforms for protection, service delivery, and advocacy. Weakening these protections or expanding warrantless access risks compromising the privacy and safety of those who depend most on robust digital security. Such outcomes would run counter to Canada’s broader commitments to social equity, inclusion, and rights protection.
Recommended Approach for Amending Bill C-2
TECHNATION offers the following to guide amendments to Bill C-2 – particularly sections 14 and 15. These recommendations reflect the expertise of Canada’s technology sector and support the Government’s public-safety objectives while safeguarding trust, innovation, and competitiveness.
- Safeguard Strong Encryption
Ensure that robust encryption protection are upheld, by prohibiting requirements that could introduce vulnerabilities or compel decryption, and maintaining the security and trust essential to Canada’s digital economy.
- Clarify “Reasonable Assistance”
Clearly define the scope of assistance obligations to ensure they do not require redesigning core architectures or installing third-party surveillance tools, preserving operational feasibility and technical integrity.
- Strengthen Due Process and Oversight
Require judicial authorisation for sensitive orders, provide independent review, and ensure effective appeal mechanisms to protect rights and maintain confidence in enforcement.
- Promote Transparency and Responsible Disclosure
Enable transparency reporting and coordinated vulnerability disclosure to balance legitimate security needs with public accountability and industry best practice.
- Guarantee Operational Feasibility
Establish reasonable notice periods and require meaningful consultation with affected providers before imposing technical obligations, ensuring that compliance is operationally practicable and sustainable, and will not harm the privacy and security of affected services’ users, or the larger internet ecosystem.
- Limit Scope and Discretion
Define clear limits on who may issue demands to compel data production or technical assistance; what types of service providers can be subject to those demands; and on the scope of those demands; and the underlying regulatory powers to implement the law to provide certainty, prevent overreach, and maintain alignment with international norms.
TECHNATION and its members are ready to work constructively and collaboratively with the Minister and officials to address the issues within sections 14 and 15 of the Bill, and to safeguard public safety while protecting privacy, trust, and innovation in Canada’s digital economy.
