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.

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

May 9th, 2018 / 5:15 p.m.


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Liberal

Sukh Dhaliwal Liberal Surrey—Newton, BC

Mr. Speaker, I want to thank the member for Brampton North for all the great work she does with those wonderful seniors.

My riding is very similar to Brampton North, and these are the types of difficulties that seniors face every day. To apply for social benefits, they have to have been in Canada for 10 years, and sometimes it is very hard for them to find copies of boarding cards, medical records, and whatnot. However, the bill we have brought forward in relation to the entry and exit system would make it very easy for those seniors to compile their data and prove that they have completed 10 years of residency in Canada so that they will be entitled to those benefits without any of the hassles they face today.

Customs ActGovernment Orders

May 9th, 2018 / 5:15 p.m.


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Liberal

Peter Fragiskatos Liberal London North Centre, ON

Mr. Speaker, I am pleased to rise today in support of Bill C-21, an act to amend the Customs Act. Simply put, the proposed changes would provide the Canada Border Services Agency, or CBSA, with the legislative authority to collect basic exit information on all travellers leaving Canada. The information we are talking about is simple biographical data, such as name, date of birth, and nationality, just enough to know who left the country and when.

Up to now, this has been something the CBSA has not been able to do. The CBSA collects information on all travellers entering Canada, but it collects exit data only for non-citizens who leave by land. Bill C-21 would close this information gap by providing a remedy. It would authorize the CBSA to collect exit information on all travellers. For those leaving by land, it would get it from U.S. Customs and Border Protection, which collects the same information on entry into the United States. For those leaving by air, it would get it from the airlines. In other words, travellers would not have to provide any additional information or be otherwise inconvenienced in any way.

The process by which information would be collected and exchanged under Bill C-21 was the subject of extensive consultations. The government has made privacy a paramount consideration in the development of this legislation. The Office of the Privacy Commissioner has been extensively engaged on this subject. In fact, when the commissioner testified before the public safety committee, which I have the honour of sitting on, he said that the information in question is “not particularly sensitive”.

Even so, the new system of exit data collection would require that privacy impact assessments be carried out, potentially by a number of federal organizations, before being implemented, always, of course, in accordance with Canadian law. This is in line with our commitment to accountability and transparency, particularly in the realm of national security. Canada now has the National Security and Intelligence Committee of Parliamentarians, and Bill C-59 would create a new review agency for security and intelligence activities. In addition, the public safety minister has said clearly that the government is examining options for a specific review body for CBSA.

All of this should give Canadians confidence that the measures in Bill C-21 would be implemented with the utmost consideration for rights and freedoms, including the right to privacy. The Privacy Commissioner said at the committee that Bill C-21 would serve “important public policy objectives”, and I certainly agree with that.

It would, for example, address several security blind spots caused by the fact that we do not currently keep track of who leaves our country. For example, at the moment, very curiously, we have no way of knowing if wanted individuals are fleeing Canada to escape prosecution. Similarly, we might not know that an abducted child who is the subject of an amber alert has been taken out of the country, or that someone who is radicalized is leaving Canada to join a foreign terrorist group.

This lack of information also creates administrative problems. For instance, it complicates the administration of social benefit programs with residency requirements and applications for citizenship and permanent residence, because there is no quick and reliable way of knowing that an applicant spent the requisite amount of time in this country.

The public safety committee heard from a senior immigration department official, and I will quote this because it is very important to get it on the record. She said, “I cannot stress enough how access to this information will enhance program integrity across multiple lines of business by providing IRCC's officers with a tool to objectively confirm an applicant's presence in, absence from, entry into, or departure from Canada.”

Immigration officials also told the committee that Bill C-21 would help to ensure that people who are entitled to Canadian citizenship and permanent residence can get it with a minimum of hassle. Rather than requiring applicants to produce documentation to prove their travel history from years past and expending department resources to conduct investigations and verifications, reliable and accurate information about who was in the country, and when, would already exist.

Bill C-21 would address these and other gaps, improving Canada's ability to combat cross-border crime, effectively administer immigration and social benefit programs, and continue to manage the border in a way that contributes to the safety and prosperity of Canada and Canadians.

Most of our allies, including those in the Five Eyes, have similar systems already in place and this is for good reason. This legislation would bring Canada in line with our international partners in ways that we have not seen before.

As hon. members well know, our highly trained CBSA officials play a critical role in keeping our borders secure and facilitating the flow of legitimate trade and travel 24-7. No matter how well we train our border services officers, we must understand that their effectiveness depends on having the right tools. This includes complete and accurate data. That is why the bill is about accurate, timely, and complete information for border services officers in both Canada and the United States.

We owe it to the country's citizens to close the information gaps that exist in our current border operations, and in this light, I ask all members to support the bill.

Customs ActGovernment Orders

May 9th, 2018 / 5:20 p.m.


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Conservative

Robert Gordon Kitchen Conservative Souris—Moose Mountain, SK

Mr. Speaker, the bill gives the already overburdened CBSA officers the discretion to collect biographical data on travellers as they leave Canada. I have six border crossings on the south side of my riding and I know they are busy as all get out. It is not only happening with illegals entering the country, but it is a tremendous burden.

What does the government envision so as not to overload our agencies in taking too much data to the point where the data becomes useless?

Customs ActGovernment Orders

May 9th, 2018 / 5:20 p.m.


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Liberal

Peter Fragiskatos Liberal London North Centre, ON

Mr. Speaker, as I said in my remarks, the bill is a result of wide consultation. Something this government places great importance on is the security of Canadians. It is the paramount responsibility of any state and any government to make sure that security is emphasized and policies are brought forward that underline and protect Canadians' security.

The hon. member talks about resources. With all due respect to the hon. member and the party opposite, it was their government that cut resources from our security agencies when they were in power. We are working with those security agencies and making sure that they receive the funding they are entitled to.

Just a few weeks ago, the party opposite voted against funding for the CBSA, for the RCMP, and for other initiatives that are security focused. This is very concerning and they have some explaining to do on that front. This government and all of us on this side of the House will continue to take security very seriously. We will fight for that every step of the way.

Customs ActGovernment Orders

May 9th, 2018 / 5:20 p.m.


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Liberal

Michel Picard Liberal Montarville, QC

Mr. Speaker, when I travel to the United States using the NEXUS card, I enter quickly and easily because of its privileges. When I return, I do not even go through customs. It takes me five minutes and my information is recorded. The only customs officer I meet is the one I give my declaration card to in order to leave the airport.

However, at the same time, I realize that my information has already been recorded and that both countries share all the information. It is not about whether there is a heavy workload, but rather whether the sharing of information compromises the privacy of Canadians.

Customs ActGovernment Orders

May 9th, 2018 / 5:25 p.m.


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Liberal

Peter Fragiskatos Liberal London North Centre, ON

Madam Speaker, the member makes a very good point. I have the privilege of working with him at the public safety committee. He brings a great deal of insight to that committee because of what he did in his previous life, if I can put it that way.

As I said, this puts us in line with our allies, particularly the Five Eyes. They are doing similar things. It is about convenience and about ensuring that Canadians do not have to dig up data when questions are asked of where they have been. I know constituents of mine have expressed this concern. Unfortunately, they have been flagged in the past with constant questions about their whereabouts at particular times. This fixes that and brings us in line with international allies and other commitments that we have to Canadians.

Customs ActGovernment Orders

May 9th, 2018 / 5:25 p.m.


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Conservative

David Anderson Conservative Cypress Hills—Grasslands, SK

Madam Speaker, the minister said the bill would help protect taxpayers' dollars by reducing fraud and abuse of certain federal programs with residency requirements and by establishing when people leave Canada we will be able to better determine who is and is not eligible for certain benefits.

The bill gives CBSA the discretion to follow up on this information. If that information reveals that a permanent resident or citizen is living abroad avoiding taxes and only returning to use social services and benefits, what penalties is the government going to be applying to them because it now refuses to revoke citizenship?

Customs ActGovernment Orders

May 9th, 2018 / 5:25 p.m.


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Liberal

Peter Fragiskatos Liberal London North Centre, ON

Madam Speaker, there are laws in place to address those sorts of concerns. This only relates in part to what the member has asked, but the exit information would only be disclosed in accordance with Canadian law and would adhere to disclosure provisions in both the Privacy Act and the Customs Act. My hon. colleague seems to have a concern that perhaps this is not done, but when citizens have not abided by their legal responsibilities and obligations, there are laws in place to meet those concerns.

The bill is not focused on the concerns the member raises. This is about ensuring we have a more adequate and efficient system. Again, it is in line with what international partners are doing.

Customs ActGovernment Orders

May 9th, 2018 / 5:25 p.m.


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Conservative

Michelle Rempel Conservative Calgary Nose Hill, AB

Madam Speaker, I have spoken to Bill C-21 already, which is an act to amend the Customs Act. The majority of its content is supportable, but my issue is that right now there is absolutely nothing in it to deal with one of the most emergent problems facing Canada right now, which is that tens of thousands of people are streaming across our border from the United States illegally. There is no signal from the government whatsoever that it has any plan to amend the safe third country agreement.

Frankly, this is a more pressing concern than Bill C-21, given the fact that this has placed an enormous strain on the Canadian Border Services Agency. By the minister's own admission, 99% of the people who have come to Canada illegally over the last year are still in Canada. Our colleague, who is the shadow minister for public safety, spoke about how he had heard from CBSA that the amount of hours spent screening people who were entering the country via this mechanism had been reduced by 400%.

I do not understand why the government is putting forward this legislative priority before the summer when there is nothing in here that is going to deal with the issue we have at Roxham Road in Quebec. This is an abdication of responsibility, and I welcome the chance to talk about this at great length during the next reading of the bill.

Customs ActGovernment Orders

May 9th, 2018 / 5:30 p.m.


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The Assistant Deputy Speaker Carol Hughes

I apologize that I have to interrupt, but the hon. member for Calgary Nose Hill will have eight minutes the next time this matter is before the House.

It being 5:30 p.m., the House will now proceed to the consideration of private members' business as listed on today's Order Paper.

(Bill C-21. On the Order: Government Orders:)

May 9, 2018—Third reading of Bill C-21, An Act to amend the Customs Act—The Minister of Public Safety and Emergency Preparedness

(Bill, as amended, read the third time and passed on division)

(Bill C-68: On the Order: Government Orders:)

June 13, 2018—Third reading of Bill C-68, An Act to amend the Fisheries Act and other Acts in consequence—The Minister of Fisheries, Oceans and the Canadian Coast Guard

(Motion for third reading deemed moved, bill read the third time and passed on division)

(Bill C-62. On the Order: Government Orders:)

June 11, 2018—Consideration at report stage of C-62, an act to amend the Federal Public Sector Labour Relations Act and other acts, as reported by the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities without amendment—The President of the Treasury Board.

(Bill concurred in, read the third time and passed on division)

(Bill C-64. On the Order: Government Orders:)

June 19, 2018—Third reading of Bill C-64, an act respecting wrecks, abandoned, dilapidated or hazardous vessels and salvage operations—The Minister of Transport.

(Bill read the third time and passed)

(Motion No. 24. On the Order: Government Orders:)

May 28, 2018—Ways and Means motion to implement a multilateral convention to implement tax treaty related measures to prevent base erosion and profit shifting.

(Motion agreed to on division)

(Bill C-82. On the Order: Introduction of Bills:)

May 28, 2018—First reading of Bill C-82, An Act to implement a multilateral convention to implement tax treaty related measures to prevent base erosion and profit shifting—Minister of Finance

(Motions deemed adopted, bill read the first time and printed)

(Bill C-46. On the Order: Government Orders:)

June 14, 2018—Consideration of the amendments made by the Senate to Bill C-46, an act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other acts—The Minister of Justice.

(Motion agreed to on division)

(Bill C-50. On the Order: Government Orders:)

June 14, 2018—Consideration of the amendments made by the Senate to Bill C-50, an act to amend the Canada Elections Act (political financing)—The Minister of Democratic Institutions.

(Motion agreed to on division)

June 4, 2018—That the 64th Report of the Standing Committee on Procedure and House Affairs entitled, “Code of Conduct for Members of the House of Commons: Sexual Harassment between Members”, presented to the House on Monday, June 4, 2018, be concurred in.

(Motion agreed to)

June 19, 2018—Notice of Motion—That, pursuant to Standing Order 111.1(2) and in accordance with subsection 79.1(1) of the Parliament of Canada Act, R.S.C., 1985, c. P-1, the House approve the appointment of Yves Giroux as Parliamentary Budget Officer for a term of seven years—Leader of the Government in the House of Commons.

(Motion agreed to on division)