An Act to amend the Customs Act

This bill was last introduced in the 42nd Parliament, 1st Session, which ended in September 2019.

Sponsor

Ralph Goodale  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 amends the Customs Act to authorize the Canada Border Services Agency to collect, from prescribed persons and prescribed sources, personal information on all persons who are leaving or have left Canada. It also amends the Act to authorize an officer, as defined in that Act, to require that goods that are to be exported from Canada are to be reported despite any exemption under that Act. In addition, it amends the Act to provide officers with the power to examine any goods that are to be exported. Finally, it amends the Act to authorize the disclosure of information collected under the Customs Act to an official of the Department of Employment and Social Development for the purposes of administering or enforcing the Old Age Security Act.

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.

Votes

Dec. 11, 2018 Passed Time allocation for Bill C-21, An Act to amend the Customs Act
Sept. 27, 2017 Passed 2nd reading of Bill C-21, An Act to amend the Customs Act

Customs ActGovernment Orders

September 26th, 2017 / 4:40 p.m.
See context

Conservative

Michelle Rempel Conservative Calgary Nose Hill, AB

Mr. Speaker, I will spend my time responding to the first part of the member's statement. I echo the sentiment that we appreciate the work of the CBSA. However, it is completely unfair and ridiculous to basically foist the responsibility of the House to deal with a problem that has become worse, not better, onto the operations of the CBSA, and that is the illegal border crossing crisis.

Earlier this month, the government received a briefing from officials that showed over 300,000 people in the United States were set to have their TPS revoked, who are similar to their Haitian cohorts we currently see entering the country through Quebec. Therefore, the indication is that this situation will be exacerbated, not corrected.

The member opposite needs to wake up and look at the situation. He needs to say that while we appreciate the work of the CBSA, we also need legislative tools, such as closing the loophole in the safe third country agreement, to allow it to do its job more effectively.

Customs ActGovernment Orders

September 26th, 2017 / 4:40 p.m.
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NDP

Matthew Dubé NDP Beloeil—Chambly, QC

Mr. Speaker, I would like to come back to the issue of information.

The government is acting as though this information is trivial since it is just the information on our passports. However, the problem with this agreement is that it takes us down the rabbit hole. I would like to remind members that this is just the first step in a more integrated border with the Americans.

Take for example President Trump's immigration order that prevented certain people from entering the country. That, quite frankly, was a racist measure. Sharing the information from people's passports can be problematic because that includes information on their nationality. We have seen cases of racial profiling at the border that targeted Canadians who wanted to enter the United States.

The NDP and I are concerned about the fact that the government wants to share even more information with the Americans, even though there have already been problems and things will only get worse since that information can be used for harmful purposes.

Does my colleague really think that the planned safeguards are sufficient?

Does she not think that we should slow things down a bit and ask ourselves just how much information we are prepared to share to supposedly speed things up at the border?

Customs ActGovernment Orders

September 26th, 2017 / 4:40 p.m.
See context

Conservative

Michelle Rempel Conservative Calgary Nose Hill, AB

Mr. Speaker, I would make the assumption that people choosing of their own volition to enter Canada, taking a risk that certainly they are not recognized under any sort of official immigration stream, are entering a country that at some point is going to be interested in their exit. The argument the member opposite just made is somewhat moot in that he is implying there would not be consent or knowledge of information being shared, and that is blatantly false.

There is also an assumption in his statement that I would like to rectify, which is the United States is somehow not capable any longer of upholding its democratic principles and arm's-length immigration processes by which Canada and the United States have operated with for years. This is the underlying principle that people who are arguing for the removal or the whole revocation of the safe third country agreement are trying to make. I would argue that the United States is, and remains, one of the strongest democracies in the world and many of its processes with regard to immigration are the most generous and compassionate in the world as well. That is why we have the safe third country agreement to begin with.

Given that we see global forced migration, global migration, and economic migration publicly as one of the biggest policy concerns in the world right now, these sorts of tools will help us maintain the security of our borders and the social licence to operate an integrous and smart immigration system.

Customs ActGovernment Orders

September 26th, 2017 / 4:45 p.m.
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NDP

Anne Minh-Thu Quach NDP Salaberry—Suroît, QC

Mr. Speaker, Bill C-21 is being introduced at a rather interesting time and pertains to a very sensitive subject, specifically, privacy. The bill proposes amendments to the Customs Act to allow the collection and sharing of exit information on anyone who leaves Canada, including Canadian citizens, with American authorities.

We in the NDP have to question the legality of this sharing of personal information on Canadians with American authorities, and we believe that Canadian officials should not be collecting this information for the United States or any other country. This should be the responsibility of the American border officials, who already collect data on travellers who enter the United States.

I agree that security imperatives must be taken into account and we must ensure the strength and effectiveness of the the Canada-U.S. border, but this cannot be done at the expense of the rights and freedoms of Canadians.

Data gathered by the Canada Border Services Agency should never be disclosed to foreign agencies, except in exceptional circumstances. In such cases, police forces, such as the RCMP and CSIS, already have measures and practices in place that they can use.

In recent years, whistleblower Edward Snowden spoke to us about U.S. surveillance programs, in particular NASA's program. U.S. President Donald Trump is a populist politician who is lawless, racist, unstable, and, unfortunately, the leader of the most powerful nation in the world. He wants to increase electronic surveillance and the collection of information about foreigners, whether they are tourists or U.S. residents.

Bill C-21 would increase the exchange of information between Canada and the United States. There has been a system to collect and subsequently share exit and entry information at the Canada-U.S. land border since 2011. In 2013, it was established that this only applied to third-country nationals and permanent residents. Since then, the information exchanged by our two countries has not decreased. Americans are always looking for more information.

After hearing this, should Canadians be concerned about their privacy? We believe that the answer is yes. The giant next door influences our policies. After assuring the international community that Canada is back, our Prime Minister is making our country bend once again to what the U.S. wants.

Are we going to again allow our neighbours to dictate their demands without worrying about the consequences for our lives, our freedoms, and our privacy?

Not content with invading the privacy of its own citizens, the United States now wants to invade the privacy of Canadians crossing the border. Bill C-21 would authorize officials to collect data about every individual leaving Canada, including Canadian citizens, and share it with U.S. authorities.

Why does the government think it has the right to decide that it will collect private information about its own citizens and share that information with foreign governments?

I do not have a problem with Canada sharing information with the United States. These days, we need to strengthen our international bonds. However, authorized law enforcement agencies, such as the RCMP and CSIS, can already exchange information in exceptional cases.

With this bill, the government will make information exchange routine regardless of the consequences and how U.S. authorities will use that information. We do not know how our information will be used or who will get it. I cannot fathom why this government wants to collect and exchange even more personal information absent adequate independent oversight by our national security agencies.

Canadians recently lost the protection that was previously afforded to them under the Privacy Act. In January, President Trump signed an order allowing the U.S. to access information on any individual, including Canadians, to verify their identity.

In other words, anyone crossing the border at Saint-Bernard-de-Lacolle, which we are hearing a lot about these days, or at Stanstead can be asked by American customs agents to turn on their phone and give the agents their password for Twitter, Facebook, or any other social network. That is a complete invasion of our privacy. Our own Privacy Commissioner, Daniel Therrien, warned us about this initiative.

He said, and I quote:

The issue is that if you allow greater information-sharing, the legal standards authorizing this activity should be such that law-abiding Canadians, ordinary Canadians who should have nothing to fear from surveillance activities of the state, are not caught by the information-sharing regime.

The bill that is currently before us does exactly the opposite. Although we need to take into account security interests and ensure our safety and the smooth exchange of information at the Canada-U.S. border, as I was saying, we need to be careful and protect our rights and freedoms within Canada. The information that is collected by the Canada Border Services Agency must not be disclosed and shared with foreign authorities.

In addition to all that, it is important to keep in mind the Trump administration's disturbing actions. In light of the discriminatory immigration orders, which, as my colleague from Beloeil—Chambly mentioned, led to the racial profiling of Canadian citizens travelling to the U.S., it comes as no surprise that the right to privacy of non-Americans has been suspended. That is very worrisome. Now, more than ever, this bill poses a threat to the fundamental rights of Canadian travellers.

When will the Liberal government keep its promises and protect its constituents? If it does not set clear limits on the exchange of information and if it does not enhance protections, we will clearly end up in a position of weakness. This affects privacy, but also other areas. The other worrisome thing is how this data will be used. According to The Economist, information is worth more than oil. That says it all. I need not remind the House that many information giants are American, including Google, Facebook, and Microsoft, and that our Canadian and Quebec companies are competing in this environment.

Can we believe for a moment that the information shared with the Americans will remain in the hands of the Department of Homeland Security? There is nothing in this bill or in the government's interventions to indicate that the information that will be disclosed will be used for security purposes only. Economic intelligence gathering is nothing new; the practice is used by both our adversaries and our allies. We get the impression that the Liberal government is hoping that the Trump administration will keep its word.

Trump will swear to us, as he often spontaneously does, hand on heart, that his American administration will never allow that information to be misused for economic purposes. If anyone believes that, that would be the very definition of naivety or gullibility. This is something of a recurring theme. The Liberals promised to be more transparent, and yet it is becoming increasingly difficult to access information. These days, there is a lot of talk about access to information regarding the NAFTA negotiations. We have no information about that. Confidentiality agreements have been signed for a four-year period. These negotiations will have repercussions on all Canadian workers.

The Liberals promised to remove from Bill C-51 any excessive transfers of power to security agencies. That has not yet happened. There was a very modest reform that did not correct all the problems in Bill C-51.

The Liberals also promised to respect official languages. We still do not have an official languages commissioner to investigate complaints and ensure that bilingualism in the House of Commons improves. That still has not happened. A number of promises like that have been broken. I could name several more.

In this case, promises were made about accountability and transparency, but Bill C-21 falls short of keeping them. We want to protect Canadians and the bill on the collection and exchange of exit data does not specify how this information will be used or who it will be exchanged with.

How can we trust our legislators if they cannot get their facts straight on the issue of privacy and how this bill will ultimately work?

In conclusion, we will be opposing this bill. The Liberals are going to have to start over.

Customs ActGovernment Orders

September 26th, 2017 / 4:55 p.m.
See context

NDP

Matthew Dubé NDP Beloeil—Chambly, QC

Mr. Speaker, I thank my colleague for her speech.

What is particularly interesting about all of this is the context. This bill was problematic well before the arrival of Mr. Trump. Since his arrival, however, we have every reason to be concerned about the privacy breaches and the policy of profiling that seem to be entrenched in the procedures of border services officers, especially those in the U.S.

To reassure us, we are told that only the information appearing on a single page of the passport, such as date of birth, name, and nationality, will be shared. The problem, however, is around nationality. Given the reports of profiling and discrimination occurring at the U.S. border targeting Canadian citizens with dual citizenship who wanted to cross the border to work or visit family, for example, we have every reason to be concerned. When this type of information is shared knowing that this culture of profiling exists, we are on a slippery slope. Even if the information may be simple, the reality is very different.

I would like to hear what my colleague has to say about these concerns and Mr. Trump's other executive order under which American privacy laws no longer apply to non-U.S. citizens. That is another problem that can arise from this information being shared.

Customs ActGovernment Orders

September 26th, 2017 / 4:55 p.m.
See context

NDP

Anne Minh-Thu Quach NDP Salaberry—Suroît, QC

Mr. Speaker, in light of the current immigration orders, dozens of questions have been asked about the fact that, to cite one example, a University of Sherbrooke student on his way to compete in a sporting event in the U.S. was stopped at the border just because he came from a Middle Eastern country. It led to a complicated situation, and in the end, he did not even get to compete. This shows that there are already prejudices at work at the border, and this bill will magnify this type of incident.

People are always saying that crossing the border is taking longer and longer, but this bill could make things even worse.

It is also troubling that our privacy is no longer being protected. It is said that American authorities will be able to demand access to travellers' social media accounts. That is clearly a privacy violation. This is truly worrisome, because if the government is not going to do anything about it, who will?

Customs ActGovernment Orders

September 26th, 2017 / 4:55 p.m.
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Liberal

Robert-Falcon Ouellette Liberal Winnipeg Centre, MB

[Member spoke in Cree]

[English]

Customs ActGovernment Orders

September 26th, 2017 / 4:55 p.m.
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Conservative

The Deputy Speaker Conservative Bruce Stanton

The hon. member for Winnipeg Centre will need to provide the question in either of our other official languages so hon. members will have the opportunity to hear what the question is that has been posed. I will ask the hon. member to repeat the question in either English or French for the benefit of all hon. members.

Customs ActGovernment Orders

September 26th, 2017 / 4:55 p.m.
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Liberal

Robert-Falcon Ouellette Liberal Winnipeg Centre, MB

Mr. Speaker, I understand.

I would like to know why no interpretation service is provided here in the House for a language as important as Cree, the language of native peoples of this land. However, I am happy to have the opportunity to ask the hon. member for Salaberry—Suroît a question. I appreciated what she had to say.

In her opinion, why is it important to know who is entering and leaving our country, as this bill proposes?

Customs ActGovernment Orders

September 26th, 2017 / 5 p.m.
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NDP

Anne Minh-Thu Quach NDP Salaberry—Suroît, QC

Mr. Speaker, I would like to thank my colleague. I would have loved to be able to answer him in Cree, but that is not possible for me, so I will answer him in French.

We agree on the fact that Canadian authorities need to gather information on every person entering the country in order to keep Canada safe. What we object to is being required to give the Americans or any other foreign authority information on Canadian nationals or travellers leaving our country. That is not our responsibility, and it should not be. It should be the responsibility of the country the travellers are entering. This bill increases the collection and sharing of data with foreign authorities but offers no guarantee of protection against searches of electronic devices, for example, or any protection regarding who will be using the data or what it will be used for. Before we share information with the Trump administration, which carries out racial profiling and does not protect citizens' safety, we need to ask questions and review our privacy safeguards.

Customs ActGovernment Orders

September 26th, 2017 / 5 p.m.
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Conservative

The Deputy Speaker Conservative Bruce Stanton

Resuming debate. Is the House ready for the question?

Customs ActGovernment Orders

September 26th, 2017 / 5 p.m.
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Some hon. members

Question.

Customs ActGovernment Orders

September 26th, 2017 / 5 p.m.
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Conservative

The Deputy Speaker Conservative Bruce Stanton

The question is on the motion. Is it the pleasure of the House to adopt the motion?

Customs ActGovernment Orders

September 26th, 2017 / 5 p.m.
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Some hon. members

Agreed.

No.

Customs ActGovernment Orders

September 26th, 2017 / 5 p.m.
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Conservative

The Deputy Speaker Conservative Bruce Stanton

All those in favour of the motion will please say yea.