Bill C-30: An Act to implement certain provisions of the spring economic update tabled in Parliament on April 28, 2026

Tabled in the House of Commons, May 8, 2026

Explanatory Note

Section 4.2 of the Department of Justice Act requires the Minister of Justice to prepare a Charter Statement for every government bill to help inform public and Parliamentary debate on government bills. One of the Minister of Justice’s most important responsibilities is to examine legislation for inconsistency with the Canadian Charter of Rights and Freedoms [“the Charter”]. By tabling a Charter Statement, the Minister is sharing some of the key considerations that informed the review of a bill for inconsistency with the Charter. A Statement identifies Charter rights and freedoms that may potentially be engaged by a bill and provides a brief explanation of the nature of any engagement, in light of the measures being proposed.

A Charter Statement also identifies potential justifications for any limits a bill may impose on Charter rights and freedoms. Section 1 of the Charter provides that rights and freedoms may be subject to reasonable limits if those limits are prescribed by law and demonstrably justified in a free and democratic society. This means that Parliament may enact laws that limit Charter rights and freedoms. The Charter will be violated only where a limit is not demonstrably justifiable in a free and democratic society.

A Charter Statement is intended to provide legal information to the public and Parliament on a bill’s potential effects on rights and freedoms that are neither trivial nor too speculative. It is not intended to be a comprehensive overview of all conceivable Charter considerations. Additional considerations relevant to the constitutionality of a bill may also arise in the course of Parliamentary study and amendment of a bill. A Statement is not a legal opinion on the constitutionality of a bill.

Charter Considerations

The Minister of Justice has examined Bill C-30, An Act to implement certain provisions of the spring economic update tabled in Parliament on April 28, 2026, for any inconsistency with the Charter pursuant to his obligation under section 4.1 of the Department of Justice Act. This review involved consideration of the objectives and features of the bill.

What follows is a non-exhaustive discussion of the ways in which Bill C-30 potentially engages the rights and freedoms guaranteed by the Charter. It is presented to assist in informing the public and Parliamentary debate on the bill. It does not include an exhaustive description of the entire bill, but rather focuses on those elements relevant for the purposes of a Charter Statement.

Right against unreasonable search and seizure (section 8)

Section 8 of the Charter protects against “unreasonable” searches and seizures. The purpose of section 8 is to protect individuals against unreasonable intrusion into a reasonable expectation of privacy. A search or seizure that intrudes upon a reasonable expectation of privacy will be reasonable if it is authorized by a law, the law itself is reasonable (in the sense of striking an appropriate balance between privacy interests and the state interest being pursued), and it is carried out in a reasonable manner. The assessment of the reasonableness of the law is a flexible one that takes into account the nature and purpose of the legislative scheme, and the nature of the affected privacy interests.

Division 6 would amend the Canada Transportation Act to require owners or operators of airports or other aviation facilities, or any individual or entity whose activities might affect the value of the airport or aviation facility, such as airport tenants or subtenants, airport contractors or subcontractors, to provide the Minister of Transport with certain information. The information that could be requested would be limited to information that the Minister considers necessary for the exercise of the powers and the performance of the duties and functions of the Minister or for the development of transportation policies. Some examples of specific types of information that could be requested include financial data, passenger forecasts, business and capital plans, material contracts, asset condition and technical information, and financing information. Since these provisions would govern the collection of information that could attract a reasonable expectation of privacy, they have the potential to engage section 8 of the Charter.

The following considerations support the consistency of these provisions with section 8 of the Charter. The information to be requested would be limited to information that the Minister considers necessary for the exercise of the powers and the performance of the duties and functions of the Minister or for the development of transportation policies and would primarily consist of commercial information, with personal information specifically excluded. Any further disclosure by the Minister would also be limited to these same purposes. In general, privacy interests are diminished in regulatory or administrative contexts, where the potential intrusion is for regulatory or administrative purposes such as ensuring compliance with a statute, rather than for the purpose of investigating offences.

Right to life, liberty and security of the person (section 7)

Section 7 of the Charter provides that everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice. These include the principles against arbitrariness, overbreadth and gross disproportionality. An arbitrary law is one that impacts section 7 rights in a way that is not rationally connected to the law’s purpose. An overbroad law is one that impacts section 7 rights in a way that, while generally rational, goes too far by capturing some conduct that bears no relation to the law’s purpose. A grossly disproportionate law is one whose effects on section 7 rights are so severe as to be “completely out of sync” with the law’s purpose.

Division 8, would amend, by re-enacting, section 69 of the Pest Control Products Act. This provision makes it an offence to contravene a provision of the regulations, or a condition of an Emergency Order, Economic Security Order or Food Security Order that is not a condition of registration. As this offence is punishable by imprisonment, it engages the right to liberty and so must comply with the principles of fundamental justice in order to be consistent with section 7.

The following considerations support the consistency of this provision with section 7. The offence in question gives practical effect to the new powers regarding Emergency Orders, Economic Security Orders and Food Security Orders, as well as the existing regulation-making powers, by helping to ensure compliance with orders and regulations.