An Act to amend the Customs Act

This bill was last introduced in the 40th Parliament, 2nd Session, which ended in December 2009.

This bill was previously introduced in the 40th Parliament, 1st Session.

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Customs Act to clarify certain provisions and to make technical amendments to others. It also imposes additional requirements in customs controlled areas, amends provisions respecting the determination of value for duty, and modifies the advance commercial reporting requirements. Finally, it provides that regulations may incorporate material by reference.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Opposition Motion--Canada-United States BorderBusiness of SupplyGovernment Orders

April 27th, 2009 / 4:10 p.m.
See context

St. Catharines Ontario

Conservative

Rick Dykstra ConservativeParliamentary Secretary to the Minister of Citizenship and Immigration

Mr. Speaker, I appreciate the opportunity to speak. I certainly want to congratulate the member for Sarnia—Lambton, who did an outstanding on behalf of our government in describing exactly what the state of affairs is today, not anything around speculation, not anything around innuendo, but based solely on facts. That is how she works in her riding, and that is how she proves to be an effective member of Parliament here in Ottawa.

I certainly appreciate the opportunity to respond to motion from the member for Ajax—Pickering. I would like to comment on the degree to which the Canada Border Services Agency has implemented programs to improve border security and to expedite the flow of people and goods.

As other speakers have noted, the CBSA manages the border access of people and goods to defend Canada's sovereignty, security, health and prosperity. The border plays a dual role of assistance and security. In other words, efficient borders support immigration, trade and tourism; and smart and secure borders keep criminals and other dangerous elements out of our country. The challenge is to find the appropriate balance of border enforcement in a shifting and dynamic global environment.

The programs implemented or planned at the border reveal several strategies: First, they obtain advance information to permit risk assessment; second, they stream the low risk people and goods to allow border services officers to focus on higher risks; and third, they use technology to better identify people and examine goods.

Improvements to border programs are ongoing. In fact, the House has just received Bill S-2, passed through the Senate, that seeks to amend the provisions of the Customs Act to further support the government's strategy to strengthen security and emphasize and facilitate trade.

In the bill, two key amendments are being proposed that fully implement two programs: first, the advance commercial information initiative; and second, the customs controlled areas.

In 2004 and 2006, the CBSA implemented the advance commercial information initiative in the marine and air modes of transportation, requiring carriers to provide electronic information on cargo destined to Canada within advanced timeframes. In 2007, the CBSA commenced development of eManifest, the third phase of the advance commercial information initiative.

Amendments are being requested to the act to require that advance information be provided electronically and in advance by all participants or links in the trade chain. Requirements already faced by the marine and air modes of transportation will be extended to highway and rail carriers, freight forwarders and importers, allowing the CBSA to rigorously risk assess all cargo prior to its arrival at Canada's borders and minimizing the processing required upon arrival.

Bill S-2 also firms up requirements for the advance passenger information/passenger name record program, which allows for the pre-arrival risk assessment of traveller data that is transmitted by commercial air carriers.

The amendments will also provide border services officers the flexibility to examine persons and goods within the designated customs controlled areas, where most internal conspiracies occur. This will allow for a greater focus on areas of risk and of persons of interest. It will help improve the security of Canadians by enhancing the CBSA's ability to confiscate contraband and other illegal items on docks, airport tarmacs and rail yards before they reach the streets of all our communities.

Let me briefly outline other initiatives that have been undertaken to modernize border management and produce a safe, secure and accessible border.

The NEXUS program is a joint initiative of the CBSA and U.S. Customs and Border Protection. This initiative is designed to expedite the border clearance process for pre-approved, low risk travellers into Canada and the United States. NEXUS followed on the CANPASS programs, domestic initiatives that were similarly designed to streamline and expedite the border clearance process for pre-approved, low risk travellers into our country.

NEXUS continues to be a great example of what can be achieved, working with the U.S., to more efficiently process low risk travellers, allowing more focus on higher or unknown risk people.

NEXUS has now been implemented at all major Canadian airports and harmonized across the air, land and marine modes.

The CBSA's use of iris recognition technology and the NEXUS air system is on the leading edge. Members simply step up to a small kiosk where an innovative iris recognition tool can verify the traveller's identity based on 266 characteristics.

The CBSA is also developing biometric technologies, which are options to further assist our officers in verifying traveller identification through the capture of fingerprints and electronic photos.

The agency is looking at the use of biometric data capture for temporary resident visitors, students, and foreign workers requiring visas, to assist officers in the process of verification of traveller identification.

Fingerprints and photo data will be captured overseas at the time of the visa application. This biodata will be used to verify previous infractions against the applicant to assist in the application's approval or denial process. It will also be used at the time of actual applicant entry into Canada to confirm the visitor's identity to that of their actual visa.

Continuing this type of innovation, later this year CBSA will introduce new self-serve border kiosks at the Vancouver International Airport. These kiosks will pilot automated border clearance, a new, secure and innovative service designed to accelerate passenger screening and border processing.

A similar need, served by NEXUS for travellers, existed in the trade realm. With more than $700 billion in goods crossing the border every year, finding innovative ways to identify and efficiently facilitate low-risk goods is vital to Canada's prosperity and our economic competitiveness.

The customs self-assessment program accounts for approximately 20% of the national value for duty of imports and allows importers to use their own business systems and processes to trigger trade data and revenue reporting, saving them both time and money.

The free and secure trade program, or FAST, is similar to customs self-assessment but is the result of the smart border declaration between Canada and the United States. Under the free and secure trade program, both countries cooperated to simplify border crossing for pre-approved low-risk importers, highway carriers and commercial drivers.

Special attention is being placed on marine port security. The harmonized risk scoring and advanced trade data initiative is enhancing the CBSA's ability to identify risk within the marine commercial supply chain by developing brand new risk assessment tools.

The CBSA is harmonizing these requirements with U.S. customs and border protection to create increased border security without imposing competing sets of requirements on the North American trade community. We want security, but we want trade. We want a strong economy and we want to be able to continue to develop those with our partners in the United States.

The CBSA has invested significantly in detection technologies to meet the demands of securing Canada's border. Effective, non-intrusive inspection technology includes the application and development of mass spectrometry and other techniques to identify trace amounts of narcotics and explosives, density metres that discover hidden walls, counterfeit detection equipment, and remote-operated vehicles to inspect ships' hulls.

The mobile vehicle and cargo inspection system, a truck-mounted gamma ray scanning system that scans marine containers, rail cars or trucks quickly and safely, helps officers to detect hidden compartments, contraband, weapons and other potentially dangerous goods. We have one at our borders in the Greater Niagara area, both in Buffalo and it can be transferred from the Peace Bridge to the Rainbow Bridge, providing very effective use.

The Canadian government has stressed its support for these objectives underlying the U.S. western hemisphere travel initiative. The CBSA has been part of the overall federal effort on the WHTI file to ensure Canadians are well informed and prepared for new requirements, and that the WHTI is implemented as smoothly as possible. The government has also been supportive of provincial efforts to develop WHTI compliant enhanced driver's licences in our country.

In summary, the CBSA is a world leader in applying innovative solutions that assist in both improving border security and facilitating the flow of goods. We are good partners with our friends in the United States.

Customs ActRoutine Proceedings

April 27th, 2009 / 3:05 p.m.
See context

York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeMinister of Public Safety

moved that Bill S-2, An Act to amend the Customs Act, be read the first time.

(Motion agreed to and bill read the first time)

Business of the HouseOral Questions

April 2nd, 2009 / 3 p.m.
See context

Prince George—Peace River B.C.

Conservative

Jay Hill ConservativeLeader of the Government in the House of Commons

Mr. Speaker, today, Bill S-3, the energy efficiency bill, was read a second time and referred to the Standing Committee on Natural Resources.

Just before question period, we were debating Bill C-13, the Canada Grain Act, but it appears the coalition of the Liberals, the NDP and the Bloc has been revived and it is supporting a motion that, if adopted, will defeat that bill. It is proposing to kill the bill before it even gets to committee. It is unfortunate that the coalition's first act is to abdicate its role as legislators by denying close scrutiny and study of a bill at a committee.

After my statement, the government will be calling Bill C-5, Indian oil and gas, followed by Bill C-18, the bill respecting RCMP pensions, which is at second reading.

Tomorrow, we will continue with the business that I just laid out for the remainder of today.

When the House returns on April 20, after two weeks of constituency work, we will continue with any unfinished business from this week, with the addition of Bill C-25, the truth in sentencing bill, Bill C-24, the Canada-Peru free trade agreement, Bill C-11, human pathogens and toxins and Bill C-6, consumer products safety. We can see we have a lot of work to do yet. All of these bills are at second reading, with the exception of Bill C-11, which will be at report stage.

During the first week the House returns from the constituency weeks, we expect that Bill C-3, the Arctic waters bill will be reported back from committee. We also anticipate that the Senate will send a message respecting Bill S-2, the customs act. If and when that happens, I will be adding those two bills to the list of business for that week.

Thursday, April 23, shall be an allotted day.

February 11th, 2009 / 4 p.m.
See context

York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeMinister of Public Safety

Thank you, Mr. Chairman.

It is a pleasure for me to appear before you for the first time as Minister of Public Safety. I am pleased to assist the committee in examining the supplementary estimates (B). My portfolio is in that perspective. I would like to underscore some of my priorities.

With me today are four senior officials under my responsibility.

In most portfolios, I wouldn't think that after three months you were still new, but this portfolio is of such a size that I consider I am still very new and on a steep learning curve, and I thought it necessary to bring lots of help.

Today I have with me Mario Dion from the National Parole Board; Don Head from Correctional Service Canada; Stephen Rigby from the Canada Border Services Agency; Myles Kirvan, who tells me he's my associate deputy minister—I'm not big on titles—; William Elliott, who is the Commissioner of the RCMP; and Jim Judd from CSIS. Hopefully, they will be able to answer the many questions that are beyond my scope and reach.

The estimates that are before the committee seek funds of $156.9 million for the current fiscal year, subject to Parliament's approval. The government would put those taxpayers' dollars to good use by helping keep our communities safe for all Canadians. Specifically, we would make important investments in the Government of Canada's national crime prevention strategy, improve Public Safety Canada's emergency management capacity, continue the transformation of the corrections system, and invest in tools that the RCMP needs to fight crime.

Since my appointment last October, I have visited public safety facilities across the country and have met the Canadians whom we serve, as well as our partners. I have spoken with my colleagues from the provinces and territories, my foreign counterparts, and stakeholders and police departments.

I formed a strong sense of where the government must direct its efforts in the public safety sphere. Let me highlight a few of the government's priorities.

As you know, a secure and efficient border is a key element of Canada's prosperity. That's why we will work to keep the border open to legitimate trade and travel with the United States. In the first days of this session, the government introduced new public safety legislation in the Senate, Bill S-2, amendments to the Customs Act. These amendments contain measures to enhance security and to meet our obligations to our trading partners. I welcome your future review of this legislation once it has passed the other place and comes over to our side.

On the policing front, the Government of Canada is committed to ensuring that the RCMP is an effective and accountable national institution. The interim report of the RCMP Reform Implementation Council concluded that reforming the RCMP is well underway and is headed in the right direction. I'm looking forward to receiving the final report of the council in the coming weeks and to pursuing our efforts in this area.

We have made a commitment to reform the system for reviewing and handling complaints at the RCMP. We have made policy statements to the principal stakeholders and to the provinces and territories that employ the RCMP as a police department. Once those statements have been reviewed, I hope to table a bill in the current Parliament.

We are also committed to corrections reform. Our government has clearly stated that the penitentiary system does not work as well as it should. We need to implement measures to further improve offender accountability. We also need to continue to put policies and programs in place that will give offenders the tools they need to rejoin society as productive citizens.

Budget 2008 included significant investments to help transform Canada's correctional system, and those efforts will continue, with changes to programming and legislation. Law enforcement officials are constantly being challenged by the growing threats of high-tech crimes. Internet fraud and online sexual exploitation of children are a scourge on Canadian society. We are exploring measures to ensure that the right law enforcement tools are in place to fight the growing sophistication of serious and organized crime. This type of crime increasingly utilizes information technology and outstrips our antiquated legal frameworks, which were designed for the era of the rotary telephone.

It intends to defend this objective through a statement on national security, which I hope to present at the appropriate time.

Lastly, I want to ensure you that we are firmly resolved to combat terrorism, as we promised in our 2008 election platform. We will be introducing a bill that will enable Canadians affected by terrorist acts to bring legal action against those who sponsor terrorist organizations—in other words, to obtain compensation from designated states.

Members of Parliament and senators introduced similar legislation as private members' bills in the last Parliament. I can assure the committee that public safety remains a core government priority. Tackling crime and ensuring safer communities are commitments we made to Canadians during the last election campaign in the autumn. While the global economic picture has deteriorated since then, one thing remains: security and prosperity go hand and hand and one cannot flourish without the other.

I'm proud to be entrusted with my responsibilities. And I'm especially proud of the achievements of the 60,000 public safety portfolio employees who work hard every day in Canada and abroad to keep Canadians safe. It's the second-largest department in the government by size. It contains capable and professional people in a broad range of areas, and they enjoy a high level of cooperation between them on all the important issues of the day. I appreciate the tremendous support I have received throughout the department, in particular from the senior staff of the agencies that make up the core of the department's responsibilities.

I thank you for having invited me to appear before you today, and I welcome the committee's questions.