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 18th, 2017 / 1:50 p.m.


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Conservative

Erin O'Toole Conservative Durham, ON

Mr. Speaker, the member mentioned a critical item. We have Bill C-21, Bill C-23, and a number of preclearance and customs acts before this place. We have thousands of illegal crossings of our border, yet we have seen no major funding initiative from the government to either empower what it intends to pass with Bill C-21 and Bill C-23 or any plan or funding to handle the significant illegal entries happening in Quebec and Manitoba. As our colleague, our shadow minister for immigration, has been saying, not having a plan is a failure.

Now we see tremendous changes to the preclearance and customs exchange of information yet no plan to fund that. I would ask the hon. member her thoughts on that lack of funding at a time when our border and changes to it are in crisis.

Customs ActGovernment Orders

September 18th, 2017 / 1:50 p.m.


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Conservative

Sylvie Boucher Conservative Beauport—Côte-de-Beaupré—Île d’Orléans—Charlevoix, QC

Mr. Speaker, I thank my colleague. Rural affairs are very important to me, and if he thinks the Conservatives did nothing for rural communities, he should ask himself what the Liberals are doing for us: not a whole lot.

Still, I do agree with my colleague that information sharing is important. We should be deeply grateful to Quebeckers for everything they did to find Mr. Fredette. It was a crazy manhunt, but now it is over. If Bill C-21 can help with that kind of thing, then I will absolutely support the members opposite who want to make security the top priority.

Customs ActGovernment Orders

September 18th, 2017 / 1:40 p.m.


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Conservative

Sylvie Boucher Conservative Beauport—Côte-de-Beaupré—Île d’Orléans—Charlevoix, QC

Mr. Speaker, I will share my time with the member for Beauport—Limoilou.

I am very glad to be back in the House today and to speak in my new role. In the shadow cabinet, I am now the cabinet secretary for rural affairs and economic development for the regions of Quebec. I thank my leader for the appointment and for his trust in me.

I am also pleased to speak to bill C-21. In my view, it is a very good bill. Let us not forget that this bill was part of the beyond the border action plan, which was jointly established in 2011 by prime minister Stephen Harper and President Barack Obama, in developing a long-term perimeter security partnership. I am very happy to see that the party opposite, the Liberal Party, showed good common sense and recognized that this is a very good bill for the two countries' borders. We hope that the bill is passed.

That being said, there has been some complacency of late with regard to this great piece of legislation. On the one hand, we have before us this excellent bill for our borders, and on the other, we have witnessed a surge in illegal migrants, mostly in the Montreal region, so we seem to have gone a little off track. In my riding, Beauport—Côte-de-Beaupré—Île d'Orléans—Charlevoix, this wave of illegal migration has really resonated with people—not so much with those born in Canada, but rather with the immigrants that came here legally and are now stuck with a bunch of people who arrived illegally and still get all of the same stuff they do.

Let us now turn to Bill C-21. This bill seeks to address threats as soon as they emerge. It is important to understand that, with the advent of terrorism, we are no longer safe. We may think that we are safe, but the obvious truth is that we live in a world where a lot can happen, even here at home. In comes this bill, which seeks to protect our borders. It deals with cross-border law enforcement, crucial infrastructure and cybersecurity. We do not talk about cybersecurity often enough. This is a new word that has been around for a very short time. There was a time when we felt safe, but now, thanks to our cellphones, for example, we are less safe. Bill C-21 will help a little in that regard.

This bill addresses long-standing Conservative priorities. I am glad to see the Liberal Party acknowledge, for once, that on this side of the House, we worked very hard on border security. I thank the Liberals. It is a rare thing for me to thank the Liberal Party. This moment will surely go down in history as the first and last time that I thank the Liberal Party, but I will venture to do so anyway.

This legislation is great news for information exchange on travellers. It will help border agents enforce the law, in particular national security legislation. We have a growing need for information. We need to know who leaves from where at what time, who is arriving in Canada at a given time, and all other relevant information. This is becoming increasingly important in light of the series of terrorist attacks we have seen around the world.

So far, we have come through it in relatively good shape here, but that does not mean that we are protected from everything; I hope Bill C-21 will deal with this problem.

The benefits of this approach could include strengthening immigration, helping secure Canada's borders, and enhancing national security, law enforcement, and the the integrity of the program itself. We must also remember that, although this bill offers us some measure of protection, we must also monitor certain gaps that exist in small villages along the border, where migrants have easier access. We must also consider that aspect. I would ask the Liberal Party across the aisle to think about that issue. Bill C-21 is a first step. I hope that the Liberals will take other steps to enhance security along our borders.

What I would be interested to know now are the costs related to Bill C-21. We agree on the principle of the bill, but I would like to know if the minister plans to improve the associated infrastructure once the bill passes. Does the minister have any ideas to share with us on how to make our borders more secure? I hope we can examine them in committee.

We should also know that we will have to monitor everything that arrives here legally and illegally. I do not know about the other members here today, but I often watch the show Border Security, on Canal D. I find it very interesting, and it shows different airports around the world. Every country has its own laws, and yet, people still smuggle things illegally. Has the government decided how it intends to strengthen these laws?

In any case, I agree with the premise of Bill C-21. It is a very Conservative bill, and once again, for the very last time, I would like to thank the Liberal Party for understanding that, on this side of the House, we are guided by common sense, and the safety of Canadians is a priority for us.

Customs ActGovernment Orders

September 18th, 2017 / 1:30 p.m.


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Conservative

Tom Kmiec Conservative Calgary Shepard, AB

Mr. Speaker, I was a member of the Marriott breakfast club, now a member of the Delta breakfast club instead, so I guess the member is always welcome to come there to talk about Bill C-21 and other issues like the small business tax proposals.

When it comes to measures such as this, I would think the government had estimated ahead of time what the costs would, because say we are stopping items that should not be leaving the country, such as contraband products and parcels, they will have to be placed somewhere and kept temporarily in an area. If there is an increase in volume when doing so, or when there are extra detentions at the border because people are trying to leave when they should not be leaving, or individuals are illegally collecting benefits, there must be a cost-benefit analysis somewhere in government. I would hope it is not done afterward.

When it comes to our compliance with our Five Eyes commitments, a lot of that budgeting has already been done and is already being done. Absolutely, for some of this there will be no extra cost, but there is time involved in processing documents both in the intake when a person is entering the country and now when a person will be leaving the country. With those types of time delays, the officers involved in policing the system represent manpower hours and human capital at work. Those types of costs should and must be calculated. I would hope that the government has done that work.

Customs ActGovernment Orders

September 18th, 2017 / 1:10 p.m.


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Conservative

Tom Kmiec Conservative Calgary Shepard, AB

Mr. Speaker, I am very pleased to join the debate on Bill C-21, and I have listened carefully to the debate so far.

Before I begin to speak to the substance of the matter, I want to express my condolences on the passing of Arnold Chan, the former member for Scarborough—Agincourt. I did not know him as well as as some of the members on the other side of the House, but I did appreciate the great work he did on the procedure and house affairs committee. I was there for a long time during the filibuster, which is where I met him and talked to him on the side. I appreciated his innate respect for Parliament. The three things I most remember are that he would remind us all about dedication, duty, and devotion. I will also miss the breakfasts which I would share with him sometimes when I was at the Marriott, where he stayed and many members of Parliament stay. He was a great parliamentarian who will be sorely missed by many of us.

This legislation is in part related to the beyond the border action plan signed by the former prime minister, Mr. Harper, and the former president of the United States, Mr. Obama, back in 2012. It is nice to see more good work being implemented by the Liberal government, which was started by the Conservatives previously. I am sure there is much chagrin with respect to the implementation of a lot of the Conservative measures of the previous Conservative agenda when it comes to freeing up trade along the border. I hear many members around me sharing in that expression of joy, that the previous agenda is still being followed through.

It is good news that the government will cut down on some of the things that went on in the previous system that did not maximize trade opportunities, or the opportunity to reduce benefits and fraud especially in the bill. Perhaps with Bill C-21, we will be able to ensure those Canadians, whether corporations or individuals, can maximize opportunities when looking to find new suppliers or buyers. It is also an opportunity for immigration services and those men and women who work there to know who is actually leaving the country and have that information handy. They can use it to further the interests of Canada and track people much more effectively. Many members have spoken to this already about the opportunity that exists to tighten up the immigration system to know who has left the country, rather than expend time and resources tracking people who are no longer here simply because we did not have an exit control system.

Section 92 of the bill would collect information on people leaving Canada. There are many good measures in section 92 that will help track people when they are in Canada. It is not primarily for Canadians. I think of it as a way to track tourists and people who visit our country, to ensure they leave at the end of the day, that they do not stay and try to work here illegally whenever they come from other countries.

Section 94 creates an obligation for every person leaving Canada to truthfully answer the questions being asked of them, which is a reasonable measure to include. It is sad that we have to put it into legislation to compel people to tell the truth. If it were to happen and one appeared before a judge, one would have to squabble over whether the person did answer truthfully or lied when speaking to an officer at border control.

I know there has been a lot of concern expressed in the House about privacy measures with respect to the exchange of information and what type of information may be shared from the second page of the passport. Some members who participated in the debate explained the kind of information that would be there, such as surname, first name, middle name, date of birth, potentially the citizenship or nationality, the sex of the person, the type of travel document he or she would be using, the issuing country or organization, the travel document, the date, and the time of departure. Much of this same information may be found when printing an airline ticket to present to officers, similar to much of the information found on a person's travel documents. I know many people who share much more personal information over social media and Facebook. There are a lot of pictures there. One can get to know a person better that way than by sharing this type of information.

I say this as someone who came here from another country. My family came to Canada in 1985, after being kicked out of communist Poland. Canadian authorities already had a lot of this information as part of the spousal sponsorship that my father had made at the time in his application.

We reveal a lot of information today too through social media, Instagram, and a whole bunch of other applications that proliferate on our smart phones. People really have accepted that. The point of contention becomes how that information is used by governments.

I do not often hear people worrying about how Walmart or Amazon are using their information when they buy books from them and have them mail it to them. I do not hear that same type of concern. I do hear concern with large firms like Equifax, and we see the privacy breach that is affecting Canadians, Americans, and many others. It will be a problem for many years of people trying to unwind any type of fraud committed against them.

In a situation where it is the government exchanging this type of information, the airlines already have a lot of it. It is not just border services in different countries, the United States, or Canada, but the airlines carry a lot of this information too. I still do not hear people mentioning how Air Canada or United airlines are using or sharing their information is a concern for them. People are already sharing it on Facebook or Snapchat, and are already putting up videos of themselves on YouTube. People can see where they are working, what they are doing, or the name of their family members.

It is a concern I have heard before when it comes to counterterrorism measures. I have had people come to me expressing concern about broad based metadata gathering techniques by CSIS and other security agencies. I share some of those concerns. With metadata, it does not take a lot of effort to track down an individual to figure out who the person is. There is a balance that has to be reached at some point between zero privacy and zero data sharing at all in no place at no time.

Many people who say these things then go online to Indigo, order books, provide a whole bunch of information, use rewards cards that have additional information connected to them, and then mail them to their home addresses. All the information presumably needed to commit identity fraud is available there. They will use credit cards, will have accounts and plum rewards cards, and the information will all be there already. These are the same types of transactions we would make at a gas station, where we swipe our cards in order to purchase gasoline. A lot of people's private information is already located in their credit cards and is being exchanged through the point of sale device being used.

A lot of the information used on a day-to-day basis is exchanged with private companies. Those private companies exchange that information with their affinity partners. Many people accept those things. They read the terms and agreements, and accept those.

However, when it comes to the government, some people share some type of angst when it is being shared across the border. Oftentimes, the servers where this data is being collected happen not to be in Canada but might be in another country. In the the terms of the agreements, people are saying it is okay to share it across the border.

We have to temper some of these concerns. I heard them too. Most of these people are worried about their privacy, but again they go onto social media and share far more information there.

I would also like to speak to some of the bill's benefits, like the exchange of information on travellers, which would help our border officers enforce the law and protect national security. Such a program could have many benefits, such as strengthening immigration, as I have said before, Canadian border controls, national security, law enforcement and the very integrity of our immigration program.

The potential for outgoing cargo being inspected will deter illegal smuggling, which will be more closely monitored outside of Canada. I think it bears repeating here, in the House, that at this very moment we have no effective means of curbing the exportation of contraband. I also think that this bill would bring potential savings of roughly $20 million a year by targeting service recipients living outside Canada.

Something I have mentioned before is benefit fraud, people who collect benefits they are not entitled to since they are no longer residents of Canada or because they made an application in bad faith, left Canada, and receive benefits through some means involving a bank account here. However, they no longer reside here and are no longer eligible to receive them.

Saving $20 million in the grand scheme of things when one is running a $20-plus billion deficit is still important. Every little bit helps and gets one closer to the goal, which should be balancing the budget. Unfortunately, we know that in the last federal budget tabled in the House by the Minister of Finance, as well as in the previous budget, there was no table in the budget demonstrating a willingness or an intent of some day balancing the federal budget and ensuring we would not be accumulating future debts that we would be passing on to the next generation.

Much of the debt we are accumulating is also squeezing out the private sector lending that could happen. If we borrow a lot on the public side, we inevitably squeeze the private sector side as interest rates go up. We have been seeing interest rates go up this year, and they may even go up again one more time if the central bank decides to do that. Twenty million dollars is a small amount of money, but it gets us toward that goal. I asked the question before of the member for Oxford.

I have some concerns with parts of the bill when it comes to the financing for some of these new tasks that will be assigned to CBSA. I support the bill. It is good that we are implementing the agreement, but I am concerned that perhaps there was not enough money set aside for training and potential new facilities in the previous budget. Some kind of explanation and extra attention should be paid to this. I hope to see that at the committee level. I hope it will really dig down into the costs associated with ensuring we have a proper exit control system on the visa tourist side, but also for the products and parcels that may be leaving our country that are going to be stopped. Do we have the facilities and manpower to ensure we can do all these extra tasks? If it requires 100 or 200 more hours at a certain control point, is that going to be overtime or extra officers being hired to shore up the resources in human capital now in CBSA?

Those questions about infrastructure spending and facilities for exit inspection points are open questions on the costing of these initiatives. I hope the committee takes a good, hard look at the costs associated with this and provides some feedback and recommendations to the government on what that would look like in the near future.

The bill also comes at the right time, when we have kicked off the really serious negotiations on NAFTA. We cannot ignore what is happening outside the House, across the border. We are negotiating with our biggest trading partner and attempting to ensure we maintain all the benefits Canadians receive from NAFTA. It is at a time when we are trying to indicate to Americans that it is our full intention to follow through with this agreement, which was signed by President Obama and our previous prime minister, Harper, and actually implement it, follow through with it, and maximize the benefits Canadians are receiving from our freer border trade. It is a good sign that we are proceeding with it. It is a good indicator to negotiators on both sides that it is our intention to provide Americans the certainty they require for their national security needs and trade needs, as well as our own. We are indicating to them that these are our expectations going forward, that we are going to maintain this free border trade. It is a sign of good faith that we are approaching negotiations with open eyes, but also with firm objectives and demands.

I want to spend one moment on this. I really wish Parliament had stronger rules around knowing the types of negotiating objectives the Government of Canada has. I know the international trade committee met during the summer and much of that information was provided. However, I really wish it was a statutory requirement, more so than from the good graces of the government, that it was willing to share with members of Parliament and the Senate. It should be more like Congress works in the United States, where there is a statutory requirement to not only present objectives on NAFTA, but also have them confirmed by Parliament so we can then play an active role in ensuring the concerns of our communities and residents in our ridings are heard.

Even during the summer, many businesses and small business owners came to me with different concerns around the threshold, about their products being able to clear customs, and having some certainty. Sometimes some companies were having customs stop products instead of clearing them for different reasons because they were not meeting the requirements. At other times, the products were simply making it through. There was no rhyme or reason for when a product would clear or not. It had nothing to do with time of year, or the port of clearance it was going through.

That point of having stronger rules would apply to everything in the House. Parliament should have much greater control over the Government of Canada's objectives when it comes to international agreements, as well as free trade agreements, so we know not only what the negotiating objectives are but approve the negotiating objectives and amend them. I do not mean giving it an entirely new direction or wiping out the government's intent. After all the government should be judged according to its goals at the next election, and in-between, and whether we really should be playing a greater role.

The border insecurity issue caused by the Liberals with the increase in crossings at the borders between Quebec, Manitoba, and the United States is a cause for concern. I have heard from a lot of Canadians who doubt that the Liberals have mastered the situation or grasped the enormity of it. When we have people crossing the border illegally, seeking to take advantage of our very generous refugee system here, fleeing from the United States, the second-freest country in the world—we are definitely the first—that is a cause for concern to many Canadians. They want certainty that we have a handle on the border and that the Government of Canada is taking the issue seriously and not causing a situation in which even more people will try to cross illegally, especially now when we are moving into the winter.

Bill C-21 is a good bill. I would like to see more study at committee on the cost implications of some of this. If there is a connection to pieces in the budget or in the future, those should be indicated to the committee as well.

The timing is one thing that I judge. This is the first day that Parliament has returned. I would have thought that the first thing we would perhaps debate would be something to do with the small business tax proposal the Liberals have pushed forward. It is interesting that we are debating this bill, although it is important. The small business tax proposal by far is the number one issue I am hearing from residents in my riding. I held a town hall on Saturday from 5 to 7. I was basically asking my constituents to miss dinner with their family and the Stamps game, which in Calgary is almost like a religious experience, and most people go to it. I had over 100 small business owners show up. They were farmers and physicians, and they were all passionately interested in the details. I had Kim Moody there from Moodys Gartner providing a technical explanation on the changes being proposed. That is the type of debate we should be having here in the House, having fulsome details provided to us by the Minister of Finance and the Minister of National Revenue on the implications of the small business tax changes they are proposing at this time.

We could have had a debate on border control issues specific to illegal crossings of our borders in Manitoba and Quebec. There could have been a great first day of debate on that, to really test the government to see whether it has mastery of the situation and understands what is going on.

We could also have had a debate on public debt management. With the interest rate increasing and future potential interest rate increases in store, the public debt management policy of the government and whether it has a handle on that are open questions. As interest rates go up, the costs of public debt financing in Canada will go up. How much more debt are we taking on? Is there a plan to reduce the deficit and start paying down the debt? Are they managing their outstanding bonds appropriately?

As I have done many times before and as we are back on the first day, I have a Yiddish proverb that I want to share with the House: things cannot be bad all the time, nor good all the time. Although this bill is good, there are lots of bad things that the Government of Canada is doing, and I think this Yiddish proverb definitely applies to the current situation. Although the Conservatives and the Liberals are having a tender, happy debate today on a bill that we agree with and are only just mentioning our concerns about, there will be days to come when we disagree. I am sure that during question period there will be fulsome disagreement about the direction the Government of Canada has chosen to go on the small business tax, border controls, and on other matters affecting the public finances of Canada.

With that, I will end my intervention and look forward to questions and comments by my colleagues.

Customs ActGovernment Orders

September 18th, 2017 / 1:05 p.m.


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Conservative

Dave MacKenzie Conservative Oxford, ON

Mr. Speaker, I apologize for being so anxious to speak in this session.

The proposed piece of legislation is part of the beyond the border action plan, which was jointly declared in 2011 by then Prime Minister Stephen Harper and then President Barack Obama to establish a long-term partnership respecting perimeter security.

For those in the House who are not aware, let me outline the key areas of co-operation between Canada and the U.S. as set out in that joint declaration. They are as follows: addressing threats early, trade facilitation, economic growth and jobs, integrated cross-border law enforcement, and critical infrastructure and cyber security.

This beyond the border action plan, also known as the entry-exit initiative, was to be implemented by June 2014 under the original mandate. Almost two years after this initiative was to be implemented, in March 2016, the current Prime Minister first announced the agreement with the United States to fully implement a system to exchange basic biographical information. It is good to see the Liberal government recognizing and following through on the hard work that began under the previous Conservative government in taking border security seriously.

According to the government, the entry-exit initiative will respond to the outbound movement of high-risk travellers and their goods prior to their actual departure from Canada by air; respond more effectively in time-sensitive situations, such as responding to Amber Alerts, which is very important in helping find abducted children and runaways; and help prevent the illegal export of controlled, regulated, or prohibited goods from Canada.

If adopted, Bill C-21 will amend section 159 of the Customs Act to make it an offence to smuggle or attempt to smuggle out of Canada any goods that are subject to duties. The proposed amendments authorize officers to require goods exported from Canada to be reported despite exemptions and give CBSA the power to examine goods being exported. The Conservative Party recognizes that the potential to inspect goods actually in the country would deter criminals from smuggling illegal and controlled goods out of the country.

I am pleased to see the government move forward with this entry-exit initiative, as this piece of legislation addresses long-standing Conservative priorities focused on border security and on ensuring that entitlement programs are not abused.

If enacted, Bill C-21 would allow verification of travel dates to determine applicable duty and tax exemptions and continued entitlement to social programs. With the verification of travel dates, this legislation has the potential to save an estimated $20 million per year from those who are unduly receiving entitlement programs while out of Canada.

Changes proposed to the Customs Act would support our law enforcement and national security operations through the exchange of traveller information. The Conservative Party knows how important and difficult it will be to ensure the information collected by federal officials reaches the national security and law enforcement officials throughout the country who need access to this information in a timely manner.

Our Conservative Party believes this initiative is good news for the hard-working taxpayer, as it will cut down on employment insurance and benefits cheats.

The Canada Border Services Agency will be able to identify individuals who do not leave Canada at the end of their authorized period of stay and provide decision-makers with an accurate picture of an individual's travel history. The legislation would focus immigration enforcement activities on persons still in Canada and eliminate wasted time and resources spent on issuing immigration warrants and conducting investigations on individuals who already have left the country.

The information collected on travellers would verify whether applicants for permanent residency or citizenship have complied with residency requirements.

While benefits of this program may include the strengthening of Canada's immigration border management, nation security, law enforcement, and program integrity, there are still a few details that need to be addressed. As one of the goals of these changes is to help prevent the legal export of controlled, regulated, or prohibited goods from Canada, it is key that we ensure CBSA has the resources required to carry out the inspection of goods exiting the country.

We recognize that it is important to Canadians that their personal information be secure and their privacy protected. While Bill C-21 would give CBSA direction to collect biographical data on travellers as they leave Canada, the government must take measures to ensure our agencies are not overloaded with too much data, rendering the data collection useless, despite the fact they must also ensure data protection and security.

Bill C-21 follows a path similar to the legislation put forward by the Conservative government in 2011.

These amendments are welcome improvements to the Customs Act and will raise the level of co-operation between Canada and the U.S. in order to address threats early, facilitate trade, and integrate cross-border law enforcement. If the Liberal Party wants to continue putting forward legislation from previous Conservative initiatives like the beyond the borders action plan, it will be welcome to it.

Customs ActGovernment Orders

September 18th, 2017 / 1 p.m.


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Conservative

Dave MacKenzie Conservative Oxford, ON

Mr. Speaker, this legislation is important to all of us. All Canadians stand to benefit when this legislation is ultimately passed. It is very important to my riding.

In my riding we have two automotive assembly plants, one of which is unfortunately on strike today. Traffic across the border, both ways, is crucial for all of our ridings for a variety of reasons.

In June 2016, the Minister of Public Safety and Emergency Preparedness introduced Bill C-21, an act to amend the Customs Act. The bill would amend the Customs Act to authorize Canada Border Services Agency to collect biographical information on all travellers, including Canadian citizens, as they leave Canada. CBSA will have a discretionary authority, which means it may collect the information; however, it is not required to do so.

This proposed piece of legislation is—

Customs ActGovernment Orders

September 18th, 2017 / 12:50 p.m.


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Conservative

Glen Motz Conservative Medicine Hat—Cardston—Warner, AB

Mr. Speaker, it is good to be back in the House joining colleagues from all parties to debate the issues that are important to Canadians.

First, I want to take time to remember the member for Scarborough—Agincourt, Mr. Arnold Chan. I extend the most sincere condolences on behalf of my riding of Medicine Hat—Cardston—Warner, as well as members on this side of the House, to his family and colleagues opposite. In the little time I had to know him, he was a remarkable gentleman. He will be missed. May God rest his soul.

I will be splitting my time this afternoon with the member for Oxford.

I am pleased to rise today to speak to government Bill C-21, an act to amend the Customs Act. I would like to believe that all members of the House understand the importance of trade for Canada's economic prosperity and ultimately the quality of life and opportunity for today and into the future. This bill is in line with priorities that I hear from my constituents about their economic and safety concerns. Those are boosting jobs and opportunity, reducing regulatory burdens on honest and hard-working Canadians, safe and effective borders, and supporting Canadians who play by the rules and respect the rule of law.

First, boosting jobs and opportunity are critical. Our economy is highly interwoven with our largest trading partner, the United States. Despite recent political turmoil across our border, our relationship remains strong, and our trade continues as we work out a revised and hopefully mutually beneficial agreement on NAFTA. The start of this bill predates both current administrations and is a testament to the resiliency and efforts of our economic and political relations with our neighbours to the south. Under Prime Minister Harper and President Obama, Canada and the U.S. launched the beyond the border initiative that would work to address threats early, facilitate legitimate trade, integrate joint border enforcement efforts, and ensure appropriate infrastructure on both sides of the border. Under the beyond the border action plan that established a long-term partnership between our countries, Canada and the U.S. sought to deliver enhanced security on both sides of the border and accelerate the flow of legitimate goods and services. Continuing to move this agenda forward increases the ability for legitimate business to quickly and easily move goods across the border, and allows Canadians to move freely and easily through land and air travel.

My riding of Medicine Hat—Cardston—Warner spans the majority of southern Alberta's Canada-U.S. border and is home to every border crossing in the province, except for one in Waterton Lakes National Park. These five crossings provide Alberta and Canada with a corridor to over 300 million customers in one of the largest markets in the world, which is critical for all types of industries. Thinning the regulatory burden and moving goods through the border more effectively means profits, jobs, and growth for Canadian farmers, manufacturers, and transportation firms, and it supports local economic growth.

For example, in my riding, there remains a push by local and provincial leaders to improve the crossing at the port of Wild Horse. As the crossing nearest to Medicine Hat, it received a $2-million infrastructure boost in 2015 from the previous government to meet the very things this legislation is setting out: the effective and safe flow of goods and people across our borders while identifying those who are unwilling to abide by the law. I have heard loud and clear from businesses, the chamber of commerce, the Palliser Economic Partnership, and local leaders, all eager to see the border crossing hours expanded year-round as an initial first step. They note that this is an important trade corridor and that it will have huge economic benefits, not only for the local region but all of Alberta and western Saskatchewan.

The ability for goods to move across our border in both directions is part of a $600-billion annual trade between our countries. We know that Canada is the second-largest purchaser of U.S. goods in the world, an important market for them, and that the U.S. is the top consumer for Canadian goods and services. Farmers in my riding gain hundreds of millions of consumers for their products, arguably the best in the world in my opinion, and for most small businesses, their only export market is in the U.S. For time-sensitive products, ensuring that these goods are moved through the border can be the difference between success and failure. That is why the beyond the border initiative is critical to the long-term success of our country and why this bill is important to moving forward with thoughtful debate and appropriate consideration.

An area that continues to be debated is the collection and use of personal information and how that information will be protected and used. It is important for our government to get accurate information about the flow of goods and people across the border, so it can invest in infrastructure and provide the appropriate hours of operation to support economic growth. As an example, in my riding, many local businesses are seeking the expansion of the border operations to support that growth. Having good and timely information about where Canadians are can also help with evacuation efforts. As we saw from the recent challenges in the Caribbean, the government was not sure how many Canadians were in the region. Exit information will not entirely solve this, but it could provide better immediate intelligence to the government in organizing a response to these sorts of issues.

As a former police officer, I know that tracking down offenders, suspects, witnesses, and, sadly, families of victims is an important part of everyday life in that world. Providing information on who enters and leaves the country will support national and local law enforcement finding people quickly, to know if they have left the country and where they might be.

Having good information from our borders for our immigration system seems more important than ever. In various parts of the country, Canada has seen an influx of refugees from numerous countries, legitimate asylum seekers fleeing repressive regimes like ISIS or al Qaeda, where religious freedom is non-existent and those of faith are persecuted for not taking the extremist view that is pushed by militaristic regimes. Supporting those honest and hard-working people joining Canada, and providing them with the necessities to grow in their new country, is important.

We have also seen large numbers of people entering Canada illegally from the U.S. and jumping the line of other refugees and immigrants. It would be helpful to know from the government if any of the bill's measures that are proposed to increase coordination of entry and exit information would do anything to reduce the flow of asylum seekers from arguably the second-freest nation in the world. If programs and resources are diverted from honest, hard-working Canadians and legitimate refugee claimants, all Canadians begin to question how the government is managing taxpayers' money.

This updated tracking information will also make it easier for Canadians and permanent residents who frequently leave the country for work. Our government has been known to request proof of departures and arrival timelines for those who work overseas, something that should be available to it without asking honest Canadians to provide proof of their interactions with Canadian officials. I would seek to know from the government if it can assure us that immigration officials, border guards, and tax officials will ensure that they coordinate and share information appropriately.

In closing, I offer my reserved support, pending some further information from the government, expert witnesses, and officials with respect to how the new powers and information will be managed and safeguarded.

I would like to thank the minister for bringing this legislation forward, which, like much of our important trade work, was started by the previous government. I look forward to working with him and all of my colleagues in this House to advance this legislation.

Customs ActGovernment Orders

September 18th, 2017 / 12:50 p.m.


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Liberal

Francesco Sorbara Liberal Vaughan—Woodbridge, ON

Mr. Speaker, for an economy that is so interlinked as is the one with Canada and the United States, any issues that could threaten or add to border thickening are not good. Bill C-21 would allow for some reversal of that if that is the situation. It would allow for a greater movement of people and goods, and for a greater feeling of security between the two countries.

Customs ActGovernment Orders

September 18th, 2017 / 12:50 p.m.


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Liberal

Francesco Sorbara Liberal Vaughan—Woodbridge, ON

Mr. Speaker, that was my first speech in French in the House, so I am a little nervous.

As for the member's concerns related to civil liberties or the use of information, obviously those concerns are taken fully into account with these amendments and in Bill C-21, such that Canadians going for their winter holiday in Florida from Quebec or Ontario, or anywhere else, would know that their information is guarded and is secure, and that it is not anything that would impinge on their civil liberties.

Customs ActGovernment Orders

September 18th, 2017 / 12:45 p.m.


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Liberal

Francesco Sorbara Liberal Vaughan—Woodbridge, ON

Mr. Speaker, I thank the member for Kitchener—Conestoga for the comments he made in reference to the hon. member who, sadly, is no longer with us.

In terms of these amendments to Bill C-21, the bill strengthens our border security. It would take us in a step that we need to go in terms, not only of knowing people coming into our country—we do—but also when they are leaving. That can only further improve the information that is available to authorities, and also our knowledge that people are coming for the right reasons and that they leave at the time they say they will leave.

Customs ActGovernment Orders

September 18th, 2017 / 12:35 p.m.


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Liberal

Francesco Sorbara Liberal Vaughan—Woodbridge, ON

Mr. Speaker, it is great to be back here in the House to do the nation's work.

I would be remiss if I did not take two seconds to pay tribute to my colleague and friend from Scarborough—Agincourt who sadly is no longer with us today. My sincerest condolences to his children and family. He will be deeply missed. I will miss having breakfast with him at the Marriott, which is where we stay and where I got to develop a friendship with the hon. member. God rest his soul and God bless.

I am pleased to support the legislative provisions in Bill C-21 that would amend the Customs Act to authorize the Canada Border Services Agency to collect personal information on all persons leaving the country.

We all understand the importance of obtaining basic biographical information on people arriving in Canada. Who are they? Where are they from? How long do they intend to stay? These are all basic security questions. That said, it is just as useful to keep track of people leaving the country, and on that front, Canada lags far behind.

While most every other country collects basic information on travellers on their way in and out of the country, Canada only collects data on a small subset of people leaving the country. That means that we can never really know who is in our country. We know someone has come into Canada but cannot know for certain if they have left.

At this time, since we lack the means to precisely identify every person leaving our country, we have no way of knowing whether dangerous individuals are leaving Canada to evade justice. We also have no way of knowing whether, for example, we are wasting the immigration department's valuable resources trying to track down a person who was ordered to leave Canada but who may already have left of their own accord. The fact that we do not collect exit data also limits our ability to react swiftly to Amber alerts or suspected abductions.

This is a blatant and unacceptable security gap, one that many of our international partners have already rectified. We need to catch up. To be clear, we are not talking about collecting reams of personal information about people leaving Canada. We are talking about the “basic” biographical data that appear on page 2 of a person's passport, meaning their name, date of birth, citizenship, and gender, the type of travel document, the document number, and the name of the country that issued the document.

The only other information that would be collected would be the location and time of departure, and flight number in the case of people leaving by air. In other words, this is the same information that travellers voluntarily provide when they enter Canada or any other country. That is all. No new information would be collected. Of note, no biometric data, such as photographs or fingerprints, would be collected or exchanged as part of the entry-exit initiative, and travellers will not notice a difference.

This is how it would work: for people crossing the Canada-U.S. border by land, border officers in the country they enter will simply send that passport information and departure details back to the country they just left. In this way, one country's entry is the other country's exit and vice versa. The exchange of information in the land mode would occur on a near real-time basis following a traveller's entry into either country, usually within fifteen minutes.

The exchange would take place through an existing secure electronic channel between Canada and the U.S., the same channel that is used to transfer information between Canada and the United States under the NEXUS, FAST, and enhanced drivers' licence programs.

For air travellers, no new exchange of information between nations would be required. The information comes directly from airline passenger manifests. To obtain an exit record in the air mode, for example, the CBSA would receive electronic passenger manifests directly from air carriers with information on all passengers scheduled to depart Canada aboard outbound international flights. This information would be received up to 72 hours prior to departure to facilitate the identification of known high-risk travellers attempting to leave Canada by air.

That is a key point for a number of reasons, not least of which is that it will help Canadian authorities recognize when someone drawn to violent extremism is preparing to leave the country and stop them from travelling abroad to participate in terrorist activity.

In fact, Bill C-21 will help border officials to deal with a number of threats that they currently lack the tools to address.

The CBSA is our first line of defence against threats originating overseas. It uses a system called lookouts to identify persons or shipments that may pose a threat to Canada. Lookouts are based on information in the CBSA’s possession or that may come from sources including the RCMP, CSIS, immigration officials, and local or international law enforcement. While the lookouts system is effective for identifying inbound threats, the absence of exit information means that it is not effective for identifying outbound threats.

In a global threat environment, with dangerous individuals leaving or trying to leave peaceful, stable democracies to join extremist organizations, collecting reliable exit information has never been more vital to support Canada’s national security. We must equip the Canada Border Services Agency with the statutory authority to collect the same information on outbound travellers that it does on inbound ones. With the passage of these legislative amendments, CBSA’s lookouts system will be strengthened, allowing the Agency to notify partners if and when a known risk intends to leave, or has just left, Canada. This information closes the loop on an individual’s travel history, and fills a gap which has been exploited by persons trying to avoid the law.

As a final note, it is important to recognize the care that has been taken to ensure this initiative is designed to respect and in fact comply fully with Canada’s privacy laws and obligations. The communication and collaboration between the CBSA and the Office of the Privacy Commissioner of Canada in the design and implementation of the Entry/Exit initiative has been extensive, productive and instructive in terms of protecting privacy rights.

There is no question this bill will enhance the security of Canada and its allies. I urge my colleagues to support its swift passage, and ensure the women and men of the CBSA have the resources they need to do their job of securing the border and facilitating bilateral trade and the free movement of legitimate travellers.

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September 18th, 2017 / 12:20 p.m.


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Liberal

Peter Fonseca Liberal Mississauga East—Cooksville, ON

Mr. Speaker, I am glad to be back in the House of Commons and in this chamber to be able to speak to and debate important pieces of legislation, as we are doing here today on Bill C-21.

I know I speak for all of us when I say, with a very heavy heart, that I am very saddened that one of our colleagues, the member for Scarborough—Agincourt, Arnold Chan, has passed away and I send condolences to his wife, Jean, and their three kids.

I will be splitting my time today with the member for Vaughan—Woodbridge.

I will be supporting Bill C-21, an act to amend the Customs Act, because it is really about safety and security for Canadians. It is about respect for our laws and accountability and ensuring that we keep a safe and smart border.

In simple terms, the proposed changes would provide the Canada Border Services Agency with the legislative authority to collect basic exit information on all travellers leaving Canada. In so doing, these changes would further advance two of the government's most important priorities: ensuring Canada's national security and its economic prosperity.

As hon. members well know, the women and men of the CBSA play a critical role in keeping our borders secure and in facilitating the flow of legitimate trade and travel. They are highly trained professionals on duty 24 hours a day, seven days a week, 365 days a year. At the same time, no matter how well we train our border services officers, and regardless of how vigilant they are, we must recognize that they cannot be fully effective in the performance of their duties if they are not equipped with the tools they need to do the job, the job we expect of them.

That is what the bill is about, ensuring that Canada's border services officers have the tools they need, namely, more complete and more accurate information about who is crossing our borders and when they are doing so.

Today, on entry into our country, this information collection and exchange happens for approximately 80,000 travellers a day, with no impact on their travel experience. While this information is useful, it does not provide a complete picture, because while entry data is collected for all travellers, exit data is collected only for people who are not Canadian citizens who leave the country by land. This creates a number of problems. For example, with no means of identifying precisely who is exiting our country, we cannot know if wanted individuals are fleeing Canada to escape prosecution, if an abducted child who is the subject of an Amber alert is being snuck out of the country, or if a radicalized individual is leaving Canada to participate in terrorist activities abroad.

Bill C-21 would ensure that Canada, like most of our allies, knows when someone leaves the country. It is pretty straightforward. It is pretty standard around the world. This is a big step toward safer and more successful border management.

Expanding our collection of exit information would offer a range of benefits. For instance, with access to exit information from airline passenger manifests prepared up to 72 hours in advance, the CBSA and its law enforcement partners would have a new capacity to respond to the outbound movement of known high-risk travellers and goods prior to their actual departure from Canada, and they would become aware very quickly if such a traveller crossed by land into the United States.

In a contemporary environment, where criminal activity frequently crosses international boundaries, I am especially encouraged by how this legislation would help combat human trafficking and exploitation.

There are a great many things we are already doing to pursue the perpetrators and rescue the victims of human trafficking. Other legislation is before the House, such as Bill C-38, which would give police and prosecutors important new tools to facilitate human trafficking investigations and prosecutions. The government has been partnering since last year with major financial institutions to track financial transactions related to human trafficking. Millions of dollars are being invested through the national crime prevention strategy to support programs in communities across the country that help people exit exploitative situations. Fifty-three law enforcement partners across nine provinces participated in the most recent operation, Northern Spotlight, which identifies and helps people who are being exploited or who are at risk of exploitation. However, if Canadian authorities do not know when a human trafficking suspect or victim is leaving the country, that is a significant blind spot for investigators.

With Bill C-21 in place, law enforcement would be better able to work with international partners to locate traffickers and their victims and to identify travel patterns, human smuggling destinations, and implicated criminal entities. This would help investigators break up a human trafficking operation and help prosecutors secure convictions in court.

As well as being very useful for criminal investigations, knowing who has left Canada and when would help immigration officials identify people who have remained in the country beyond their authorized periods of stay. It would also help protect the integrity of benefit programs with residency requirements by allowing officials who administer those programs to make eligibility decisions on the basis of information that is more reliable and complete.

To be clear, everyone collecting benefits in accordance with the law would continue to receive them. For example, this would not affect snowbirds collecting old age security, because anyone who has lived in Canada as an adult for 20 years can collect OAS, regardless of where a person lives. It would not have any impact on medicare eligibility, because the information would only be used at the federal level. I am sure that all Canadians want to know that eligibility requirements for benefit programs are being respected, and the bill would help ensure that they are.

Also, Bill C-21 would address a problem highlighted by the Auditor General in the fall 2015 report. At that time, the Auditor General found that the Canada Border Services Agency, “did not fully have what it needed to carry out its enforcement priorities” related to the export of controlled or illegal goods. He recommended strengthening CBSA's export authorities, information, practices, and controls to better protect Canada and its allies, fight organized crime, and meet its international obligations.

Bill C-21 is a major advance in that direction. It would give Canadian border services officers authorities with regard to the export of goods similar to the authorities they have when goods are imported into Canada. It would make it an offence, under the Customs Act, to smuggle prohibited or controlled goods out of the country.

We will achieve the advantages I have outlined, and my examples are by no means an exhaustive list, without any additional burden or requirements imposed on travellers. Under Bill C-21, people would continue to simply show their passports when crossing the border. Their basic information, such as name, date of birth, and nationality, would be collected, just as it is now, at land ports of entry for all travellers entering the U.S. from Canada and all travellers entering Canada from the United States. Each country would share that information with the other. In other words, when people told the U.S. that they were coming in, the U.S. would let Canada know that they had left. For travellers leaving Canada by air, the same basic biographic information would be obtained through electronic passenger manifests received directly from air carriers. Information collected in this way would not be shared with the U.S.

I emphasize that these changes would not be felt by travellers. They would, however, strengthen our border security and integrity and thereby improve the security of Canada as a whole.

At its core, Bill C-21 is about keeping Canadians safe and about having a border that is secure and efficient. Given the extent to which our prosperity relies on the movement of people and goods across the border, Canada must be a world leader when it comes to border security. At the moment, when it comes to maintaining awareness about who and what is leaving our country, we are at the back of the pack. The measures proposed in Bill C-21 would serve to align Canada with international partners that have implemented, or a are in the process of implementing, such systems, such as New Zealand, Australia, the U.K., the European Union, and the United States. We need to keep pace, and we need to ensure that the women and men of the Canada Border Services Agency have the tools they need to carry out the vital work we expect of them.

I urge all hon. members to join me in supporting this important bill.

Customs ActGovernment Orders

September 18th, 2017 / 12:10 p.m.


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Liberal

Filomena Tassi Liberal Hamilton West—Ancaster—Dundas, ON

Mr. Speaker, I would like to begin by thanking the member and other members who have spoken in the House this morning for expressing condolences with respect to our beloved Arnold Chan. As a new MP, Arnold was a perfect role model for me. He will be sorely missed, and today will be a sombre day in this House. I am thankful to all who have expressed their condolences.

As Arnold would like me to do, I will return to what we are debating today in the House, which is Bill C-21. We are talking about disclosing who comes in and out of Canada so that we have a better idea as to whether someone is leaving the country. The information being shared is that which appears on the second page of the passport: name, date of birth, citizenship, date of issue, and date of expiry. In terms of safety, it is reasonable for us to know who is leaving the country.

The member was referring to us giving the U.S. information. Actually, the U.S. is giving us information on who is leaving Canada. This already applies to to foreign nationals and permanent residents. With this legislation, that will now apply to Canadian citizens. This is the sharing of information about people leaving the country.

It already applies to certain groups but does not apply to Canadian citizens. Does the member not believe that it is important for the safety for our country to know who is leaving Canada and when they are leaving?

Customs ActGovernment Orders

September 18th, 2017 / 11:50 a.m.


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NDP

Matthew Dubé NDP Beloeil—Chambly, QC

Mr. Speaker, first, I would like to join the minister in expressing my condolences to the family of our esteemed colleague Arnold Chan. His death was a great loss to everyone in the House, regardless of their party. We stand in solidarity with the Liberal caucus and Mr. Chan's constituents, family, and friends at this difficult time.

We are here today to talk about Bill C-21, which the government introduced in June 2016. The government is very enthusiastic about this bill. It is now September, and we are finally talking about it, so we can see how enthusiastic the government is about this bill. Perhaps the purpose of the bill is to pander to the Americans during the NAFTA negotiations. Who knows.

It is important to understand the context here. The minister, in answer to my question, and the member for Laurentides—Labelle in his comments talked about the bill as though it was a piece of stand-alone legislation, when in actual fact it is part of an information-sharing agreement between the Canadian and American governments. We can look at the measures set out in the bill, but they are part of a broader agreement and broader operational practices that are beginning to be implemented for our services at the border.

Things are very different now, and if we take a big-picture view of border issues, Canadians are clearly concerned. The same issues come up over and over. Take cellphones, for example. There is a glaring lack of protection when it comes to cellphone searches and what we call the briefcase law. People surrender a certain degree of privacy at the border. That interpretation of the law is fine if we are talking about someone seeing our unmentionables in a suitcase, but a cellphone that contains vast amounts of information about an individual is something else entirely. That is just one of the concerns we have about the border.

Things have changed now that Donald Trump is in office. In recent months, there has been discrimination at the border. Everyone knows that. The minister says that, statistically, fewer Canadians are being turned away at the border than in previous years. That is not an acceptable answer when people are being subjected to degrading treatment by U.S. border officers who ask them questions about their religious beliefs, their country of origin, and the colour of their skin.

This context is extremely important for understanding where our concerns for this bill are coming from. The minister tells us not to worry, that it is basic information that will be shared, information that is found on page 2 of one's passport. In reality, subclause 92(1) of the bill states that:

the Agency may collect, from a prescribed source, in the prescribed circumstances, within the prescribed time and in the prescribed manner...

It goes on to describe what the Agency is authorized to do. The key phrase I want to draw to the attention of the House is “the Agency may”. It is left to the discretion of border services whether to keep the information or not. At a place like customs, where discrimination is on the rise because people are judged by their destination and their origins, this is quite problematic. This could lead to increased profiling. God knows that there is too much of that already at the border.

Let me go back to the agreement that led to this bill.

The entry/exit program is only just beginning and will grow. Despite the enthusiasm that Liberals and Conservatives might have for it, we are going down a very slippery slope here. Before we continue, someone needs to put on the brakes because what we are seeing here is further integration at the border. That might seem great if all that we are considering is efficiencies, but we want to consider people's rights at the border, but that is lacking in the conversations that are happening.

Where does it end? When we talk about the context that I described with regard to cellphones and the lack of legislation as to what people's rights are when they are asked to unlock their cellphones and provide that information, and when it comes to the profiling that is happening at the border, that also applies to what new tools we have brought into place. The current U.S. President has floated the idea of using biometrics at the border. Will that end up becoming part of this kind of entry/exit agreement on top of the biographical information that would be provided? We do not have answers to these questions.

The fact of the matter is that any information that is being collected and shared will lead us down a path that we have seen before, because, quite frankly, as I said in my question to the minister, some of the most egregious human rights violations that Canada has been a part of, even if by proxy, have happened because of the sharing of information. That is something we are doing more and more in a post-Bill C-51 world, which, by the way, was a bill that the Liberals supported. That is the reality that we have to take into account when we consider increasing the amount of information we are sharing. It is not only biographical information, but also about where people are going to and coming from. While that might seem fine for someone who is not being profiled at the border, there are certainly many law-abiding Canadians who know what the experience is like, who because of where they are going to or where they are originally from; because they might be dual citizens and because of the country from where other citizenship is from; because of the colour of their skin and their religious beliefs, suddenly that basic biographical information being collected and shared with the U.S. government takes on a whole different context despite the fact they are law-abiding Canadians. That is very troubling, and even more so when I hear the minister talk about the fight against radicalization.

Certainly it goes without saying that we all agree that radicalization is an issue that needs to be tackled. Here, I would add that we are still waiting to hear more about what the government is going to do with its grassroots approach to taking on the fight against radicalization. We have not heard much about that in a little while, but that is a sidebar.

The reality is that when I hear things like that and the Conservative member who just spoke, and this bogeyman that is raised of how we are going to go after terrorism, there is a code there and we know what that leads to at the border and the treatment that people go through afterward. That is not something we want to see happen. Sure, we can have faith in our CBSA officers, the men and women who do extraordinary work despite limited resources because of successive Liberal and Conservative governments, but we are also looking at what the U.S. is going to do with that information. That is where the danger lies.

President Trump has signed an executive order explicitly stating that persons who are not U.S. citizens are now excluded from the protections offered by United States privacy legislation.

That is extremely dangerous, considering that the Canadian government is rushing to partner with the U.S. government to increase the amount of information it shares with the Americans.

Given that the President of the United States says he may consider torture acceptable and given that Canada has a ministerial directive in place allowing for information to be shared with countries that engage in torture, we are facing a big problem. I am not saying that this is exactly what the bill says, but the upshot of this bill is that we will be sharing more and more information.

It is a very slippery slope, since we keep sharing more and more information with other countries, including the United States. Even though the U.S. is an ally, the statements coming from the current administration are cause for concern and make the idea of sharing information about public safety and national security extremely troubling.

In a post-C-51 world, the accountability procedures are wholly inadequate. Let us look at the facts. An article published by the Toronto Star in August said the following:

CBSA has quietly started receiving and sharing some information with the U.S. government.

That means some information sharing was already allowed even without this bill being passed. The bill will just settle things for good.

The risk is that this may be done more covertly, without proactive transparency. At the end of the article, it says that Canada Border Services Agency plans to update the privacy assessment once the bill comes into force.

It is far from reassuring that we are talking about doing another privacy impact assessment after the bill is adopted. In that spirit, the role we have as parliamentarians is to protect Canadian safety, but also their rights, and their right to privacy more specifically. As far as this bill is concerned, we should look at how much is left up to regulation in the bill. For example, under “Regulations”, the bill states:

The Governor in Council may make regulations for the purposes of this section, including regulations

(a) prescribing the information that must be given under paragraph (1)(a);

(b) respecting the conveyances in relation to which information must be given under subsection (1);

(c) prescribing the persons or classes of persons who must give the information under subsection (1);

(d) respecting the circumstances in which the information must be given under subsection (1); and

(e) respecting the time within which and the manner in which the information must be given under subsection (1).

Those are all things that the Governor in Council can do through regulations. That essentially means, for the people listening at home, that those are things that the minister can decide to do all on his own, without a proper vote in the House of Commons on a piece of legislation. That is extremely troubling. If we go back to the debate on Bill C-23, which is the sister legislation in the context of this more integrated border with the U.S., in committee, I asked public safety officials which regulations would be changed, as that bill also opened the door to all of the regulatory changes that could potentially change the scope of the bill. That certainly concerned New Democrats. I will give the Liberals credit. They got back to us and provided a list of regulations that may change, but the list was not exhaustive.

As parliamentarians voting on a bill and trying to protect Canadians' rights in the context of sharing more of their information with the American government, especially under the current circumstances or regime, if I can use that term, it is extremely troubling that there is so much latitude allowed for regulatory changes. We certainly understand that there is a place for regulatory changes in the way that our government functions, but when it comes time to prescribe what information is shared, who is sharing it, and how they are sharing it, which is the core of the issue with this bill, that cannot be left out of the accountability process, which obviously includes debate in the House and study at committee.

When I was in Washington with the Standing Committee on Public Safety and National Security, I learned about some new tools, such as digital fingerprinting and facial recognition, that the U.S. may begin using at its border. Those things are still in development, but they are getting to the point that the U.S. government will be looking to deploy them.

The minister is trying to reassure us by saying that he is in constant contact with his American counterpart, but people at Homeland Security envision using exactly those kinds of tools in the context of this information sharing agreement. We could very well see a higher level of integration. In the statement on greater integration of border operations that came out of the meeting between the Prime Minister and President Trump in Washington, they talked about the possibility of our border officials hosting American border officials.

Forget about all of the problems that co-locating two agencies from two different countries could cause, if only in terms of collective agreements and working conditions. Let us just talk about training. The minister took the time to point out that officials would be trained to protect Canadians' privacy and would always act in accordance with the law. I am not questioning the work that is going to be done, but when we debated Bill C-23, which would allow American officials on Canadian soil, we asked Public Safety and Emergency Preparedness officials what the plan was for delivering that training while ensuring respect for the Canadian Charter of Rights and Freedoms, privacy laws, and even Bill C-23 itself, and we were not remotely satisfied with the answers.

The minister can be as reassuring as he wants, but it takes more than that. We need something tangible that truly outlines the process that will be put in place for protecting people's privacy. Even if the process is clearly spelled out to us, in an agreement like this with a bill like this, given the way in which Canadians' information will be shared with the U.S. government the minister must admit that the information will not enjoy the same protection in American hands, even if we have the best men and women working as Canadian border officers and the best legislation in place and if we are making every effort to protect people's privacy.

The minister can reassure us all he wants, but, as he so often says, the Americans can do what they want. That is reason alone to not only oppose the bill, but, as I said, to also rethink the agreement.

As I have said time and again, we are seeing a troubling tendency with the new information related to the public safety file globally, whether it is the Justice Noël decision related to illegal collection of metadata by CSIS; the Privacy Commissioner reporting last week that the RCMP has illegally obtained information from cellular phones six times in the last year; racial profiling at the Canada-U.S. border; people being asked to unlock their cell phones and provide social media passwords at the border, without clear legislation in that sense; or whether it is the fact that two years in we still have not seen any changes to Bill C-51. We finally tabled a bill in the dying days of the last sitting of the House, which does not go nearly far enough.

It is a troubling tendency we are seeing that is undermining the confidence and trust that Canadians have in their national security agencies and in the approach that successive Conservative/Liberal governments have had. There is a lack of understanding that rights and security are not a zero-sum game, and that the word “balance” implies that there is sacrificing of part of one or the other. We need to do both. Unfortunately, that is not the report card that the government can have.

We look at a bill like this, at these kinds of agreements more broadly, as we decide to share more and more information with a U.S. government that is being led by a president who has opened the door to the use of torture, and has removed privacy protections on information, not only for his own citizens but even more importantly for non-Americans. For Canadians, in that specific context the government cannot ignore it. Whether it is trying to fast-track this bill that was tabled in the House in June 2016, maybe to make nice for NAFTA negotiations, the fact is, it is about time that the government started to hit the brakes on this willy-nilly sharing of information.

I want to end on one piece. If the government is so proud of this agreement, if it really thinks it is doing the right thing, I have one question to ask. Unfortunately, I will not get to ask it, so I will ask it rhetorically. Why is it that on the first day back in the House of Commons, after a great summer of work that we all spent in our constituencies, that we are hardly going to hear any Liberal speakers? The minister has spoken, and there will maybe be a handful more speakers. However, it is mostly New Democrats and Conservatives who will be carrying the debate.

Maybe my Conservative friends can tell me what is so great about this bill, because, sadly, I do not think I am going to hear about it from the Liberals. They have certainly not made the case for it. The “just trust me” approach by the minister is not good enough when it comes to protecting Canadians' rights and privacy.