Canada Border Services Agency Act

An Act to establish the Canada Border Services Agency

This bill was last introduced in the 38th Parliament, 1st Session, which ended in November 2005.

Sponsor

Anne McLellan  Liberal

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 establishes the Canada Border Services Agency, which was first created by order in council on December 12, 2003. The Agency brings together the border services of the Canada Customs and Revenue Agency, the Canadian Food Inspection Agency and the Department of Citizenship and Immigration. The enactment sets out the responsibilities, mandate, powers, duties and functions of the Minister responsible for the Agency and its President. It continues the Canada Customs and Revenue Agency under the name of the Canada Revenue Agency and contains transitional provisions as well as consequential amendments to other Acts.

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.

Canada Border Services Agency ActGovernment Orders

June 13th, 2005 / 12:45 p.m.
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Conservative

Peter MacKay Conservative Central Nova, NS

Mr. Speaker, as usual, my colleague from Calgary brings a common sense approach to this. I know he has dedicated much of his life to law enforcement and follows these issues closely.

The short answer to his question is that sadly the government has done very little when it comes to improving the actual security and, in particular, the personnel, equipment and legislative backing that they require. As the member noted, a vast territory has to be covered in most instances. It is also increasingly complicated.

Since the 9/11 attacks we know the risks are even greater and the desperation involved is even greater. It is extremely daunting for border service agents to know that these are the types of people they may encounter and yet they do not have sidearms. In many cases they do not have the protective equipment they need and, more to the point, they do not have the technological advantages that would allow them to identify the very individuals who pose that threat.

I mentioned the fact that vehicles were driving across the border, carrying God knows what, without being stopped. That is the clearest sign that our border is porous, that people are both crossing into Canada and leaving undetected in many instances. That means we need more equipment, we need more maintenance budget and we need more technology. We need to use the most advanced security measures available to man. We have the ability to access that type of technology.

When I think about the task before the CBSA and what the government is requiring and Canadians are expecting its members to do and what they get in return to do that actual job, it is the government's failure and our collective failure in Parliament if we do not see Bill C-26 through. We must enable and empower those border security officers to do that important work and to do it to the best of their ability with the full backing, the full technological and equipment advantages that they need and the training, I am quick to add, as well because of the changing world and the complexity of the issues around security.

We also have to work closer with the Americans. We have to work toward, what I suggested earlier, a North American security perimeter. The water remains the biggest threat as far as those items coming into Canada, particularly on container ships. These container ships can bring large items into Canada, anything from a dirty bomb, to people, to child pornography, to weapons, to drugs, anything we are trying to detect coming in these containers, of which a minuscule portion, a percentage of a percentage point, actually receive the scrutiny required to detect them at the ports.

The Conservative Party takes this issue very seriously. We have made it a major plank in our platform. We look forward to having an opportunity to implement that one day in government.

Canada Border Services Agency ActGovernment Orders

June 13th, 2005 / 12:30 p.m.
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Conservative

Peter MacKay Conservative Central Nova, NS

Mr. Speaker, I thank hon. members for that. The bill is essentially an enabling piece of legislation. The department has been in existence since September of 2003, so that speaks volumes to the serial dithering nature of the Liberal government. The department has been set up and operating for over a year and a half, and this is a cleanup attempt.

The bill amalgamates the border services of the Canada Customs and Reveneue Agency, the Canadian Food Inspection Agency and part of the Department of Citizenship and Immigration. The bill was reported to the House with two amendments and the government introduced another amendment at report stage to correct an error in the bill.

With respect to the amendments passed by the committee, the first is one that I moved. It calls for an annual report of the operations and performance of the agency and that this requirement should be enshrined into the legislation. It requires that the agency table an annual report after the end of the fiscal year and before the calendar year. In other words the 2005 report of the agency would have to be tabled after March 31, 2006, but before the end of the December 2006 calendar year. Goodness knows there is a need for more accountability and reporting on the activities of government like never before. The amendment attempts to do that.

The parliamentary secretary has noted that the Treasury Board, on behalf of the Canada Border Services Agency, files a performance report and that this report should be considered that annual report. My point is the requirement under the Financial Administration Act does not specifically say that an annual report or performance report is required. It now does.

Other agencies that file performance reports are also required by statute to file annually. They include SIRC, the Correctional Investigator, Correctional Service Canada and the RCMP External Review Committee. That is what the amendment seeks do. I think we all can agree that shining the light into the operations of government is an important part of achieving accountability.

There is nothing simpler than putting into the legislation that an annual report be tabled by the agency. I do not wish to cause additional work in this regard, as far as filing an annual report, but subclause 2 states that the obligation may be satisfied by filing or tabling reports of the operation and performance of the agency required by the Treasury Board. This would also ensure that a report of some kind would be filed each year on the operations of the agency.

The second amendment ensures that officers who act as peace officers to enforce immigration and refugee acts are identified in the Criminal Code as peace officers. This again would put officers on par with front line peace officers and border officers. We in the Conservative Party support that amendment.

The creation of the new Border Services Agency itself makes sense. It is something that the Conservative Party has long advocated. However, we do argue that we ensure our border officers are equipped with proper technology, equipment and personnel. It is one thing to empower them through legislation. It is another thing entirely to give them the tools necessary to do the job.

I would specifically point to the issue of remote border crossings. The government must act immediately to end the practice of border officials working alone. We have seen the tragedy that can occur. One officer working in Roosville suffered a medical condition and died on the job. This is the type of thing that brings the vulnerability of those remote sites clearly into the light and the danger and loss of life that can result from these single agent border crossings.

Earlier this year, the justice committee heard testimony from the president and vice-president of the Quebec region of the Customs Excise Union about the problems facing border officials. Shockingly, we heard about 1,600 vehicles crossing the border last year without being stopped. They describe those 1,600 vehicles as blow-bys or cars racing across the border without being stopped. The president, Mr. Moran, testified that if two per cent of those people who ran the border were brought back, that would be good in terms of the numbers they could handle.

In Stanstead, Quebec over 250 unidentified vehicles illegally entered into Canada each month by using two unguarded roads. In Quebec alone there were over 100 unguarded roads at the border.

Our new ambassador to the United States says that Canada's biggest problem is gun smuggling from the United States. Guns, drugs, people smuggling, any form of contraband coming into the country undetected, poses a threat to our citizens.

Just to put this in perspective, over a five year period more than 25,000 prohibited weapons, including over 5,400 illegal weapons, were seized by our border agencies. That is what was seized. The real question is how much was not captured. It is frightening to think what has not been recovered or what that figure is.

Rather than fixing this Swiss cheese style border, an effective border policy will require more. It will require the government to put more resources and more protection around those individuals tasked with guarding the border. If the government took money out of the gun registry and put it into this type of frontline border security, it would be a step in the right direction.

I cannot let the catastrophic failure of the gun registry go by without commenting. It makes the sponsorship scandal look like chicken feed. It probably will be identified in some future years as the biggest fraud ever perpetrated on an unsuspecting public. Despite the spin and the rhetoric, there is no nexus to public safety when one looks at the effectiveness of this failed long gun registry.

The RCMP commissioner has admitted that the RCMP does not have the resources to fulfill the mandate of patrolling the border at points of entry and therefore is withdrawing its services in Quebec. The closing of nine detachments in Quebec highlights that resource problem. Taking officials away from where the problem exists is ludicrous. Ironically, the commissioner has admitted that there is danger facing border officials and yet he does not support allowing them to carry sidearms. I would suggest to him that he would not be apt to try to stop somebody who was deemed dangerous if he did not have a sidearm.

Our neighbours in the United States continue to be concerned about security. Recently U.S. secretary of state, Condoleezza Rice, expressed her concern about the Canadian border when she stated:

Indeed we have from time to time had reports about al Qaeda trying to use our southern border but also trying to use our northern border.

Senator Hillary Clinton echoed those concerns about the northern security issue and introduced a bill that would establish a northern border coordinator in the United States homeland security department in order to focus exclusively on the increasing security issue at the Canada-U.S. border.

In April, United States congressman, Mark Souder, called upon Canada to focus more on security and to give border security the proper resources and attention. He was concerned about the non-existent or flawed computer checks on incoming passengers and database systems designed to warn border agents at land crossings about high risk travellers being inadequate and containing a programming limitation consistently preventing border officials from knowing if they are dealing with armed and dangerous fugitives or even terrorists on the FBI's top watch list.

It seems incredible that we would have antiquated, out of date computer systems that do not allow us to share information with the United States, let alone share information with our own security agents and policing agents. That to me is an abysmal failure. These concerns about Canada's security have been echoed in the past by former U.S. ambassador Paul Cellucci.

In some cases I have been told anecdotally that our border officials from time to time need to ask the Americans for information about what is going on in Canada, as astounding as that might be. I mentioned earlier the problem of physically withdrawing the RCMP from the Canadian border. That is perverse logic put out by the commissioner. This is despite reports from the RCMP's own criminal intelligence unit that organized crime exploits at marine ports, airports and land border areas to smuggle contraband and people into Canada is flourishing.

This has become a huge issue, especially since the disbanding of the ports police by the Liberal government in the mid-nineties. Our ports remain our biggest vulnerability and auto theft at the ports remains rampant. I spoke recently with the Canadian insurance industry, which is willing to work with Canadian officials to try to alleviate this, but it has received very little positive feedback as far as its efforts to work and share collectively the information it has at its disposal.

The criminal intelligence unit's 2004 annual report notes that organized crime will continue to exploit the large volume of land, commercial and travel movement between the U.S. and Canada to smuggle commodities, currency and people in both directions. As well, organized crime will exploit the less monitored areas between the designated custom ports of entry.

Our committee did not hear from the union representing customs and excise but I understand it will be asking the Senate to examine Bill C-26 with a view to expanding the mandate of the CBSA to establish a border patrol service to enforce the border between ports of entries.

The challenge for our border officials remains large. A report compiled by the agency shows that over the past 5 years, 39 officers have been threatened, 234 were assaulted and 19 injured. These figures speak for themselves.

The reference to the number of contraband guns and other items coming into the country is staggering and Mr. Moran stated at one point that they were given a bullet proof vest to get shot at but no guns to shoot back.

The Senate committee on national security and defence made recommendations on how to improve security at the ports and border crossings and the government did accept some but not all of them. Many have been ignored.

The bill will continue on its path and it will go to the Senate. Hopefully the Senate, in its wisdom, will bring forward some amendments that will improve on the legislation. It is time to start looking at the broader picture of a North American border security perimeter and have the ability to secure continental security. That is the next free trade for our country. It is the area in which we should be moving because we know that security trumps trade. This is in Canada's interest.

Canada Border Services Agency ActGovernment Orders

June 13th, 2005 / 12:30 p.m.
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Conservative

Peter MacKay Conservative Central Nova, NS

Mr. Speaker, I am very pleased to take part in this debate.

I am pleased to speak to Bill C-26, which is an act to establish the Canada Border Services Agency. I seek the unanimous consent of the House to split my time with the hon. member for Stormont—Dundas—South Glengarry.

Business of the HouseOral Question Period

June 9th, 2005 / 3 p.m.
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Hamilton East—Stoney Creek Ontario

Liberal

Tony Valeri LiberalLeader of the Government in the House of Commons

Mr. Speaker, this afternoon we will continue with the opposition motion. I wish to designate Tuesday, June 14 as an allotted day, which means that the main estimates shall be dealt with that day.

Tomorrow we will begin report stage of Bill C-43, which is the first budget bill. This bill will be our priority until it is disposed of. When Bill C-48, the second budget bill, is reported from committee, it, too, shall be given our top priority.

There are discussions among the parties concerning the early disposal of Bill C-2, the child protection legislation; Bill C-53, the bill respecting proceeds of crime; and possibly Bill C-56, the Labrador-Inuit legislation.

The other pieces of legislation that we can anticipate debating in the next week are: Bill C-26, the border services bill; Bill S-18, the census legislation; Bill C-25, RADARSAT; Bill C-52, the Fisheries Act amendment; Bill C-28, the Food and Drugs Act amendments; Bill C-37, the do not call legislation; Bill C-44, the transport legislation; and Bill C-47, the Air Canada bill.

Canada Border Services Agency ActGovernment Orders

June 8th, 2005 / 5:25 p.m.
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Etobicoke North Ontario

Liberal

Roy Cullen LiberalParliamentary Secretary to the Minister of Public Safety and Emergency Preparedness

Mr. Speaker, in the short time I have before the bells ring, I would like to tantalize the House with a few remarks, so that members will come back tomorrow and hear the conclusion. I will just have a chance to get members interested in this very important topic.

I am proud to rise in the House today to promote Bill C-26, an act to establish the Canada Border Services Agency. I would like to begin my remarks with a word of appreciation for the chair and members of the subcommittee on public safety and national security.

Recently the subcommittee held in-depth discussions on this very important piece of legislation, discussions that have enriched our understanding of issues pertaining to border services and integrity.

Let me begin with a brief description of the Canada Border Services Agency. It is part of the portfolio of Public Safety and Emergency Preparedness. Its role is to manage the country's borders by enforcing some 90 domestic laws and regulations, as well as international agreements governing trade and tourism.

Upon their arrival in Canada, whether by air, sea or land, people must report to a port of entry of the Canada Border Services Agency and declare any goods. Employing a workforce of some 11,500 civil servants, the Agency is present in 100,369 service points throughout Canada and in 39 locations abroad. In addition, some particularly busy offices are open 24 hours a day, 7 days a week.

I would like to speak briefly about some widely held but spurious notions surrounding the integrity and security of Canada's borders. I would like to recount for my hon. colleagues the work being done on both sides of the Canada-U.S. border to ensure we are all safer. I know this will surprise members, but some myths do exist.

Take for example the myth that the 9/11 hijackers had entered the United States illegally from Canada. Ultimately, the former U.S. attorney general admitted himself at a press conference in December 2001:

--the stubborn facts are that these individuals did not come to the United States through Canada.

The U.S. justice department confirmed a year later in The Washington Times that all 19 hijackers had legally entered the U.S. on tourist or student visas.

The day America's sense of security collapsed cannot easily be forgotten, so it will not surprise anyone in this House that our American neighbours are still asking themselves if they are any safer. What the scores of experts and officials agree on is that as safe as we have become, we still have much farther to go and I look forward to discussing it in more detail tomorrow.

Canada Border Services Agency ActGovernment Orders

June 8th, 2005 / 5:25 p.m.
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Liberal

Aileen Carroll Liberal Barrie, ON

moved that Bill C-26, An Act to establish the Canada Border Services Agency, be read the third time and passed.

Canada Border Services Agency ActGovernment Orders

June 8th, 2005 / 5:20 p.m.
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Etobicoke North Ontario

Liberal

Roy Cullen LiberalParliamentary Secretary to the Minister of Public Safety and Emergency Preparedness

Mr. Speaker, a technical error was recently discovered in Bill C-26, an act to establish the Canada Border Services Agency. The error was located in the coordinating amendments in subparagraph 144(4)(b).

In subparagraph 144(4)(b) of Bill C-26, the Canada Border Services Agency was added to schedule V in error. The Canada Border Services Agency should have been added to schedule IV, the list of organizations considered to be part of a core public service for which Treasury Board is the employer.

The Public Service Modernization Act adds new schedules to the Financial Administration Act indicating which departments and agencies have the authorities of separate employers, schedule V and which remain under the auspices of the Treasury Board, schedule IV. The PSMA, or Public Service Modernization Act, comes into force later this year.

The amendment will have no effect on the main part of the bill, nor will it have an effect on Bill C-26, until the entry into force of the Public Service Modernization Act. If this mistake is not corrected, the Canada Border Services Agency will be deemed to be a separate employer when the Public Service Modernization Act comes into force.

This was never the intent, as the orders in council creating the CBSA in December 2003 clearly established CBSA as an organization under which Treasury Board is the main employer, nor was it the intent of the subcommittee on public safety and emergency preparedness which reviewed this legislation.

Treasury Board does the collective bargaining and sets the terms and conditions of employment for the core public service currently including the Canada Border Services Agency and the policy intent behind Bill C-26 is for that relationship to continue.

For these reasons, I believe that should you seek it, Mr. Speaker, you would find unanimous consent in the House to adopt this amendment and proceed immediately to third reading.

Canada Border Services Agency ActGovernment Orders

June 8th, 2005 / 5:20 p.m.
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Edmonton Centre Alberta

Liberal

Anne McLellan LiberalDeputy Prime Minister and Minister of Public Safety and Emergency Preparedness

moved:

That Bill C-26, in Clause 144, be amended by replacing line 13 on page 62 with the following

“(b) Schedule IV to the Financial Adminis-”

Canada Border Services Agency ActGovernment Orders

June 8th, 2005 / 5:15 p.m.
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The Deputy Speaker

There is one motion in amendment standing on the notice paper for the report stage of Bill C-26.

Motion No. 1 will be debated and voted upon.

Business of the HouseOral Question Period

June 2nd, 2005 / 3 p.m.
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Hamilton East—Stoney Creek Ontario

Liberal

Tony Valeri LiberalLeader of the Government in the House of Commons

Mr. Speaker, before I get to the weekly business statement, I said at that time that I would begin to schedule opposition days before the end of May and that is exactly what I have done. There are a number more to schedule.

Today and tomorrow, of course, are allotted days. I also wish to designate next Tuesday and next Thursday as allotted days.

When the budget bills, Bill C-43 and Bill C-48 are reported from committee, they will certainly become our highest priority.

In the meantime, we will proceed with third reading of Bill C-22, the social development bill; report stage and third reading of Bill C-26, the border services legislation; second reading of Bill S-18, respecting the census; and Bill C-52, the Fisheries Act amendment.

We will then turn to report stage and third reading of bills that have been or are soon to be reported from committee. These include Bill C-25 respecting RADARSAT; Bill C-37, the do not call bill; Bill C-28, the food and drug legislation; and Bill C-38, the civil marriage bill. If there is time during the next three weeks, we will also start to debate the legislation that has been introduced during the last few weeks.

Business of the HouseOral Question Period

May 19th, 2005 / 3 p.m.
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Hamilton East—Stoney Creek Ontario

Liberal

Tony Valeri LiberalLeader of the Government in the House of Commons

Mr. Speaker, I know the hon. member was attempting to show some civility. He has great difficulty in doing that.

After completing the debate on the budget bills, Bill C-43 and Bill C-48, the House will take up third reading of Bill C-9, the Quebec development bill; Bill C-23, the human resources legislation; Bill C-22, the social development bill; and Bill C-26, the border services legislation.

We would also like to deal with the census bill, Bill S-18 and the RADARSAT bill, Bill C-25. If there is time, we would start Bill C-46, the corrections and conditional release bill; Bill C-47, the Air Canada bill; and Bill C-28, the food and drugs bill.

This list of legislation will carry the House well into the week of May 30, the week in which we return from the break.

In addition, three days that week shall be allotted days, namely May 31, June 2 and June 3. On May 31 the House will go into committee of the whole to consider the estimates of the Minister of Social Development.

I look forward to working with all of my colleagues in the House because I know, and all members know, it is in the interests of Canadians to get this Parliament working on the issues that are important to them.

Business of the HouseOral Question Period

May 5th, 2005 / 3 p.m.
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Hamilton East—Stoney Creek Ontario

Liberal

Tony Valeri LiberalLeader of the Government in the House of Commons

Mr. Speaker, for the rest of today, tomorrow and early next week the order of business will be the consideration of the Senate amendments to Bill C-12, the quarantine legislation; followed by third readings of Bill C-9 respecting economic development in Quebec; Bill C-23, the human resources bill; Bill C-22, the social development bill; and Bill C-26, the border services bill.

We would then consider second reading of Bill C-45, the veterans bill; and then Bill S-18, the census bill.

Tomorrow the government will introduce a companion bill to the budget implementation bill. We hope to debate second reading of this bill by Tuesday or Wednesday of next week.

We will then also resume consideration of Bill C-43 which is the budget implementation bill.

To assist members in their planning as well, I wish to inform the House that on the evening of May 18 the House will go into a committee of the whole on the citizenship and immigration estimates, and on the evening of May 31 on the social development estimates.

My hon. colleague across the way asked about opposition days. As the rules provide and call for, six opposition days are required before the end of June. Certainly our focus will be on moving the budget implementation bill forward. I would expect that we would do that.

As far as courage, I am not sure I see very much along the way certainly across the floor when in fact we have people on this side of the House who are prepared on behalf of Canadians to ensure that this Parliament works, but I see no evidence of that from my hon. colleagues across the way.

Presence in GalleryBusiness of the House

April 21st, 2005 / 3 p.m.
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Hamilton East—Stoney Creek Ontario

Liberal

Tony Valeri LiberalLeader of the Government in the House of Commons

Mr. Speaker, we will continue this afternoon with second reading of Bill C-38, the civil marriage bill. This will be followed by consideration of Senate amendments of Bill C-29, the patent bill, and Bill C-12, the quarantine bill.

We will then return to second reading of Bill C-43, the budget bill, and eventually the third readings of: Bill C-23, the HRDC bill; Bill C-22, the social development bill; Bill C-26, the border services bill; and Bill C-9, the Quebec development bill.

Tomorrow we will begin with Bill C-43. If this is completed, we will then return to the list just given.

Next week is a break week. Since it happens to coincide this year with Passover, I would like to take this opportunity to extend to Canadians of the Jewish faith best wishes on this holiday.

After today there are 35 sitting days for the House before its scheduled adjournment on June 23. The government hopes that the House will be able to complete all stages of Bill C-38 and Bill C-43 by that date, which means that the bills will have to go to and be reported from committees in time for report stage and third reading in that limited time. That is why we have given priority to these bills in order to arrive at the supply votes.

The government is obliged to designate by that date 6 of those 35 days as allotted days or opposition days. Since we do not face the logistical and timing difficulties that I have just described vis-à-vis these two major bills, it seems logical and sensible to ask the House to deal with those second readings before proceeding with business such as opposition days, which are not followed by subsequent legislative stages.

If the members opposite would not be so sneaky in trying to change the Standing Orders, in fact, we could perhaps have the kind of dialogue that the hon. member is suggesting we have.

Business of the HouseOral Question Period

April 14th, 2005 / 3 p.m.
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Hamilton East—Stoney Creek Ontario

Liberal

Tony Valeri LiberalLeader of the Government in the House of Commons

Mr. Speaker, this afternoon we will continue with the opposition day.

On Friday, we will return to Bill C-43, the budget bill. If it is completed, we will proceed with Bill C-40, respecting the WTO.

The first item of business on Monday will be Bill C-40. If necessary, we would then return to the budget bill, which contains all the initiatives that I know Canadians support from coast to coast to coast, like the Atlantic accord, the new deal for cities, and the increase in payments to seniors through OAS.

We will then return to the second reading debate of Bill C-38, the marriage bill, which will be the first item on Tuesday. When that business is completed, we will return to departmental bills: Bill C-23, Bill C-22, Bill C-26 and Bill C-9.

Next Wednesday shall be an allotted day.

Business of the HouseOral Question Period

March 24th, 2005 / 3:05 p.m.
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Hamilton East—Stoney Creek Ontario

Liberal

Tony Valeri LiberalLeader of the Government in the House of Commons

Mr. Speaker, this afternoon we will continue debate on Bill C-38, which is the civil marriage bill. We will resume this debate when we return from the Easter adjournment.

We will also want to deal that week with third reading of Bill C-30, which is the parliamentarians' compensation bill, to which my hon. colleague was referring. The Judges Act will certainly come forward in the fullness of time.

We will also return to Bills C-23 and C-22, the human resources and social development departmental legislation.

We also that week hope to debate report stage and third reading of Bill C-26, the border services bill, and Bill C-9, the Quebec economic development bill.

Thursday, April 7, shall be an allotted day.

I know that the House is also very eager to begin debate on the budget implementation bill that was introduced earlier today. However, in keeping with commitments made to the opposition members to give them adequate time to study and discuss in caucus this new legislation, I will call second reading debate on that bill early in the week of April 11.

While I am on my feet, I would like to wish a very happy Easter to all members in the House and officers of the House.