Bill C-21 (Historical)

An Act to amend the Customs Act

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.

Bill C-21—Time Allocation Motion

[Ralph Goodale, Liberal, Regina—Wascana, SK]

Madam Speaker, Bill C-21 is an important part of our national security architecture. It will provide for records to be kept when people leave the country. Right now those records are kept if one is a foreign national or if one is a permanent resident, but they are not kept if one is a Canadian citizen. The view of security experts is that is an important gap in our national security structures.

However, there are protections in this legislation to make sure that human values and rights are properly respected. For example, all of the advice from the Office of the Privacy Commissioner is very thoroughly taken into account to make sure that privacy issues are not violated. In fact, the specific amendment that we are considering right now, which is the subject of the time allocation motion, is an amendment that was put into the bill in the Senate because of the advice of the Privacy Commissioner. What we are doing at this moment, in fact, is we are taking steps to follow good advice from the Privacy Commissioner about how to respect dimensions of human rights.

I would also point out that in terms of the information that is collected and shared under this legislation, it is information that is nothing more or less than what can be found on page 2 of one's passport, which means that there is no intrusion into personal privacy as a result of this matter.

[Lloyd Longfield, Liberal, Guelph, ON]

Madam Speaker, last night we celebrated the 70th anniversary of the signing of the Universal Declaration of Human Rights by the United Nations. During that ceremony there was discussion about the migration of people and how it has been increasing over the recent past, climate change being part of that and wars being part of that. It highlights how important it is for us to have a good regime in terms of our border controls and movement of people in the turbulent times we are living in.

How does Bill C-21 fit in terms of our commitments to the United Nations and the Universal Declaration of Human Rights and the rights of people to a country? Could the minister comment on that briefly?

[Ralph Goodale, Liberal, Regina—Wascana, SK]

Madam Speaker, I would note with respect to the points that were raised by the member for Yorkton—Melville, Bill C-21 is not an omnibus bill. Bill C-21 has been subject to extensive consultations, both inside and outside Parliament. Bill C-21 enjoys a large consensus of support, including the support of her party. It is a very technical amendment that is before the House now to be voted upon, one that was originally raised in the committee proceedings, incidentally, by the NDP and subsequently raised again in the Senate.

After all of that work, there is a consensus that this is the right measure to introduce, and since there is no substantive disagreement, it is time to call the vote and settle that question.

[Ralph Goodale, Liberal, Regina—Wascana, SK]

Madam Speaker, I think if we asked most Canadians who travel back and forth across the international border between Canada and the United States, they would say that there is a system in place for checking on security issues about people who come into the country, and equally, there is a system in place for checking the facts and figures when a person leaves the country.

In fact, the former is true but not the latter. We do not have and we have never had a system whereby we record departures from the country. That has been observed by many members in the House as a significant gap in our security architecture, and many members, on all sides of the House, have said that this gap should be filled. That is exactly what Bill C-21 would do.

Recognizing that there are 400,000 people every day who go back and forth across the Canada-U.S. border, and recognizing that there is $2.5 billion in trade that goes back and forth across that border every single day, it is obviously important to expedite that legitimate trade and travel while at the same time making sure that the border is sound and secure.

Bill C-21 would fill an important security gap upon which it would appear every member of the House is in agreement. Therefore, it is time to vote and put a system in place that will serve the best interests of Canadians.

[Ralph Goodale, Liberal, Regina—Wascana, SK]

Madam Speaker, three or four days ago, in House sitting time, the official spokesperson on this legislation for the official opposition, the member for Medicine Hat—Cardston—Warner, gave a very extensive speech in which he reviewed Bill C-21, including the technical amendment made by the Senate, with which the official opposition is in full agreement. That is what he told the House, and I welcome the position, on the part of the member for Medicine Hat—Cardston—Warner, that there is no further dispute, argument or debate with respect to this particular matter. It is a technical matter having to do with the time frame specified in the legislation, and it is a subject upon which the official opposition says it is in complete agreement.

[Ralph Goodale, Liberal, Regina—Wascana, SK]

Madam Speaker, one of the great functions of the Parliament of Canada, particularly the House of Commons of Canada, is to provide members with an opportunity to debate the great questions of public policy that come before the House. In addition to debating, we also have the obligation, on behalf of our constituents, to decide; that is, to listen to all sides of the argument and to then vote to come to a conclusion on a matter.

Bill C-21 has been before this House for a considerable length of time. It was considered at length in the Senate. The Senate made one very technical amendment having to do with the limitation of a time frame. It referred the matter, as amended, back to this House. What we are considering at this stage is that one very narrow question: Do we or do we not accept the time-limit issue raised by the Senate?

I have had the opportunity, as Minister of Public Safety, to present to this House several pieces of legislation dealing with important national security concerns. I would say that Bill C-21 is probably the one measure that has achieved the largest degree of cross-party consensus and the largest degree of support and consensus in both Houses of Parliament.

I listened enthusiastically to the member for Medicine Hat—Cardston—Warner, who spoke at great length the other day about his fervent support for Bill C-21. Obviously, it is time to vote on the matter upon which, it seems, most members of Parliament agree.

[Pierre Paul-Hus, Conservative, Charlesbourg—Haute-Saint-Charles, QC]

Mr. Speaker, once again the government wants to cut our speaking time short, but we will be questioning the minister this morning to find out why.

Today we are talking about Bill C-21, which was introduced by the Liberals in 2016 but is part of what the Conservatives had started at the time.

We have an important relationship with the United States when it comes to exchanging information. We can all agree on that. This ensures everyone's safety and helps in obtaining important information.

However, there is currently a bit of a trust issue with our partners. Regarding what is currently happening with Huawei, three of the Five Eyes countries have decided that Huawei must be banned from their systems. Here at home we are creating a climate of mistrust, and I know that there are countries, including the United States, that are starting to question Canada.

Can the minister tell us whether Canada is still a trustworthy partner for our Five Eyes partners? Decisions are currently being made that cast doubt on this relationship and may also have an impact on Bill C-21.

Bill C-51—Time Allocation Motion

[John Nater, Conservative, Perth—Wellington, ON]

Madam Speaker, Bill C-51, Bill C-57, Bill C-87, Bill C-88, and Bill C-21, all of these bills have had notice given of time allocation in the last week we are sitting before the Christmas break. Is this not just another indictment of the failure of the Liberal government when it comes to managing the business of the House?

The Liberal government said it was going to do things differently. All of a sudden, like the kid who spent the entire semester at school partying, when that final assignment comes due, it is a rush to try to get it in, in the nick of time, before the deadline. Is this not just another example of the Liberals' failure to manage the business of this place?

Bill C-21—Notice of Time Allocation Motion

[Bardish Chagger, Liberal, Leader of the Government in the House of Commons]

Madam Speaker, unfortunately, agreement could not be reached under the provisions of Standing Order 78(1) or 78(2) with respect to the consideration of the amendments to Bill C-21, an act to amend the Customs Act.

Under the provisions of Standing Order 78(3), I give notice that a minister of the Crown will propose at the next sitting a motion to allot a specific number of days or hours for the consideration and disposal of proceedings at the said stage.

Customs Act

[Luc Berthold, Conservative, Mégantic—L'Érable, QC]

Madam Speaker, I just want to say something to my colleague from Beloeil—Chambly, who said a few moments ago that the Standing Committee on Public Safety and National Security is perhaps one of the most collegial of all the House committees.

I am pleased to say that the Standing Committee on Agriculture and Agri-Food is also a very good committee, where people of all political stripes work well together.

Unfortunately, as is wont to happen, we sometimes do not agree with our colleagues and things can escalate and become a bit more tense. However, our role, the role of parliamentary committees and the role of the House is to express our views in committee.

I can say that I am very proud of the work my Conservative colleagues do on the Standing Committee on Public Safety and National Security. They do excellent work on all the files. I think that is worth mentioning.

A large part of our work as members of Parliament happens not just behind the curtains, but in rooms other than the beautiful House of Commons. All kinds of things are done in committee rooms for the good of all Canadians, and I think it is worth taking a few moments to mention this work every once in a while.

Bill C-21, as members know, has to do with customs and borders. I cannot start talking about Bill C-21 without first taking a few minutes to talk about the extremely important border issue of illegal migration, which is a problem we are currently facing.

Members will soon see why I think it is appropriate to talk about this issue now, during the debate on Bill C-21.

The Parliamentary Budget Officer has released a report on the cost of illegal border crossings. In his report, the Parliamentary Budget Officer provided clarifications on the crisis at the Canada-U.S. border. Since 2017, a total of 38,000 people have crossed into Canada illegally. I say “illegally” because on this side of the House, we like to use the right words.

The signs posted at the border and on Roxham Road clearly indicate that it is illegal to cross the border at that location, yet many people cross anyway. In fact, according to the Parliamentary Budget Officer, 38,000 people have done so. That is why we, the Conservatives, refer to those individuals as illegal migrants. Since 2017, 38,000 people have illegally crossed our borders. They entered our country illegally, not only at Roxham Road, but that road has seen the largest number.

The Prime Minister has failed to address this crisis, and quite frankly, he is the one who created it. Who can forget the Prime Minister's infamous tweet in January 2017, his welcome to Canada tweet. That tweet had quite an impact around the world, so much so that it resulted in 38,000 illegal border crossings.

There have been other repercussions besides the number of people who illegally entered Canada. The Parliamentary Budget Officer's data show that the cost of welcoming someone who crosses the border illegally is more than the gross annual salary of Canadian workers who earn minimum wage.

By 2020, if the Prime Minister continues to do nothing to address this crisis, it is going to cost Canadians $1.1 billion, not to mention the hundreds of millions of dollars in additional costs for the provinces.

I am talking about this today for two reasons. First, the premiers and the Prime Minister are meeting today in Montreal. Second, we learned today that the Quebec government estimates that it will have to ask Ottawa for $300 million in compensation for accommodating the illegal immigrants who arrived in response to the Prime Minister's tweet from January 2017. It is asking for $300 million.

What answer did we get today when we asked about this request? We were told that $36 million had been given to the Quebec government to pay for the illegal immigrants' immediate housing needs.

I think the government is trying to play games here. It says it is going to pay the cost of housing illegal migrants, but it knows full well that almost all the social costs of accommodating these illegal migrants fall on the Quebec government.

Since it was the Prime Minister himself who created this crisis, it is inappropriate for the government to try to shirk its responsibilities by saying it has spent $36 million to address urgent housing needs. The Quebec government has asked for $300 million. I hope the federal government will provide a prompt and appropriate response to that request. That $1.1 billion was not included in the budget and will not be used to meet Canadians' needs. This is yet another failure.

This situation shows what a failure the Prime Minister is at taking action on the international stage. The trade deals and the tariffs imposed on our softwood lumber, steel and aluminum prove it. He is also unable to fix the durum wheat crisis. The topic of customs and borders encompasses many different elements and issues. We on this side of the House are working hard to show Canadians that the government is getting everything wrong on the issue of illegal immigration.

Another border-related issue is going to come up next week when the Prime Minister signs the United Nations global compact for migration. This UN initiative establishes standards and international responsibilities with respect to migration. It is worth taking the time to consider the consequences of signing the compact.

The Prime Minister's actions since January 2017 suggest that he does not really like borders. He does not like it when people are prevented from entering Canada illegally. Unfortunately, the UN global compact for migration seems to align with the Prime Minister's approach since January 2017.

Conservatives believe that Canada should control its own borders and dictate who gets to enter the country. That is why we oppose Canada joining the global compact for migration. That is no secret. Canadians, and only Canadians, should decide who enters the country and under what circumstances, not foreign entities such as the UN. I wanted to take two seconds to talk about that before diving into the bill before us today, Bill C-21.

As we debate Bill C-21, an act to amend the Customs Act, I would like to remind members that the Minister of Public Safety introduced the bill in the House on June 15, 2016. This bill will authorize the Canada Border Services Agency to collect biographic information on all travellers, including Canadian citizens, when they leave Canada. The agency would have new discretionary authority and could collect information if it wanted to, but it would not be required to do so.

The law would authorize officers to require goods exported from Canada to be declared, despite exemptions, and give them the authority to examine them. Bill C-21 will also add two exemptions for exported goods. First, goods on a conveyance that enters and leaves Canadian waters do not need to be declared. Goods on a conveyance that proceeds from one place in Canada to another place in Canada do not need to be declared.

The bill will also make it an offence to smuggle or attempt to smuggle, whether clandestinely or not, any goods that are subject to duties or any goods the exportation of which is prohibited, controlled or regulated.

There is a reason the Conservative Party will support the bill. We already supported it and we have no objection to supporting the Senate amendment. The reason is that the bill is part of the beyond the border action plan that was announced jointly in 2011 by Prime Minister Stephen Harper and President Barack Obama. That initiative established a long-term perimeter security partnership. I would like to spend a moment on the joint statement. It listed the following key areas of co-operation between the United States and Canada.

The main goal was to identify threats early on so as not to be caught unaware by things that could have been avoided when it is too late. The key areas of co-operation are: trade facilitation, economic growth, jobs, cross-border law enforcement and, of course, essential infrastructure and cybersecurity.

According to the action plan's original schedule, the information-sharing initiative was supposed to be implemented on June 30, 2014. In March 2016, after his first official visit to the United States, the Prime Minister announced the agreement with the United States to fully implement a system for sharing basic biographic information.

It is now December 2018. Why has the government taken so long to pass this bill, which just makes good sense to us?

This bill has the authorization, the approval, of both countries' administrations, so it should have been passed more quickly. It is important for keeping Canadians safe and preventing people from here or elsewhere from taking undue advantage of the system and spending their time in warmer climes, under the Florida sun, while abusing our social security system. For all of these reasons, this is obviously a bill that needs to be passed as soon as possible.

[Matthew Dubé, NDP, Beloeil—Chambly, QC]

Madam Speaker, I apologize to my colleague; I want to ensure I am understanding correctly. I believe my colleague is talking about pre-clearance, which is another issue. Bill C-23 and Bill C-21 are sister legislation in the sense of the agreements that have been signed between the Government of Canada and the United States government with regard to the border.

On my colleague's point, the issue is one where we do not want one bad apple to poison the whole basket. On pre-clearance specifically and Bill C-23, we certainly had issues with that. We were proud to oppose it, given the unprecedented powers we were giving to American agents on Canadian soil and even when it comes to Bill C-21 and this type of information sharing. My colleague raises that issue. I do not run into any issues when I am at the border and I am certain many of my colleagues here do not.

However, we are fighting for that. We are talking about individuals who get profiled and once their names are in the Department of Homeland Security database, God only knows what will happen after that. Let us face it, when we look at kids and the no-fly list, a disproportionate number of them are Muslim. Why is that? It is because of the names are on the no-fly list, an American no-fly list in many cases. That is our biggest concern . As Canadians, with the charter and our values, our priorities, despite the U.S. being a friend, ally and neighbour, and I do not want to discount that, we can sometimes be a little different, particularly in this day and age when we see the comportment of the U.S. administration.

When we oppose legislation like this, it is because we do not believe, with this widening national security net, even for innocuous information sharing, the robust safeguards required to protect Canadians' charter rights and their privacy are not in place. It is particularly true when it comes to our dealings with the Americans who have different legal safeguards in place, many if not all of which do not apply to Canadians.

[Matthew Dubé, NDP, Beloeil—Chambly, QC]

Madam Speaker, I am pleased to rise today to speak to the motion dealing with the Senate's amendments to Bill C-21.

The story of Bill C-21 is long and highly problematic, not to say sordid. I will read some excerpts, but first I would like to say that I am naturally in favour of the Senate's amendment. I will explain why.

The story of Bill C-21 is an interesting one, because it was a bill tabled almost three years ago.

It is unfortunate. I am thinking in particular of the No Fly List Kids, a group well known to members of this house. It is a group of parents who have children on the no-fly list who are false positives, because they share a name with an individual on this list who has been flagged.

The reason I raise this issue is that when these parents originally came to Parliament Hill and asked the government to respect commitments that had been made to fix this issue, they were told by the government, and the Minister of Public Safety more specifically, that they would have to lobby the Minister of Finance, because it needed money to the redress system. They did that. They talked to the Minister of Finance. It was fantastic. The money was announced in the last budget. It was a non-partisan effort I was proud to be part of.

Then what happened? We heard that Bill C-59 needed to be adopted, an omnibus piece of legislation dealing with a whole slew of national security elements, one chapter of which, in a bill hundreds of pages long, dealt with the no-fly list. Conveniently, we were saying that the bill needed to be facilitated at the time the bill arrived in the Senate, and it was being held up there.

How does this connect to Bill C-21? Allow me to explain. The Minister of Public Safety's press secretary made one thing clear to the media: the money is there, and Bill C-59 must be passed.

As the months passed, Bill C-21, which was introduced in the House nearly three years ago, also got held up in the Senate. A month or two ago, at the same time the parents of the no-fly list kids were lobbying the Senate to quickly pass Bill C-59 and fix this horrible problem, the same spokesperson for the Minister of Public Safety said that Bill C-21 also needed to be passed more quickly. After three years, and one year in the Senate, the bill finally passed.

I do not want to cast doubt on anyone's good faith, but there is a problem, because I see nothing in Bill C-21 to address this scourge, which has been around for too long and makes life hard for these parents whenever they take their kids to the airport. This debate gives me the opportunity to say this to the House, because even though these parents are a non-partisan group, I am a partisan politician, and so I have no qualms about criticizing the government for trying to exploit this problem to rush its legislative agenda through. If it had done its work properly, the bill would not have gotten held up in the Senate the way it has.

With that point made, I want to address more specifically the amendments from the Senate. I am pleased to see that the Senate has improved on an amendment I presented at the public safety committee that was supported by all colleagues. My amendment was to actually prescribe a retention period for the data Bill C-21 would deal with at the border.

Just to give the background on this, the New Democrats opposed Bill C-21, despite some things in the media I read in June saying that the bill quietly passed in the House. No, we opposed this bill, and we raised some serious concerns about it at committee.

One of the concerns raised by the Privacy Commissioner was the fact that we would be collecting entry and exit data at the border and sharing with the Americans “tombstone“ data, as the Minister of Public Safety morbidly calls it. That data is concerning, because what we are seeing in the national security field, and CBSA is no exception, is a larger net being cast over the type of data we collect. The minister listed a bunch of laudable goals for collecting data dealing with kidnapped children in, for example, horrible custody cases, dealing with human trafficking and cracking down on people who are abusing EI and the OAS system. We will get back to that in a moment.

These goals, certainly on paper, sound laudable. However, that should not diminish the privacy concerns being raised, particularly with respect to the current administration we see in the U.S. collecting this type of information. What civil society tells us about these issues is that there is a web of inference. In this large net being cast in the national security field, data that might seem innocuous, collected for legitimate purposes, can be easily shared with other agencies through this information-sharing regime for a variety of objectives that might not necessarily be the intent of the legislation.

In that context, we heard the concerns that the Privacy Commissioner raised about the data retention period, which was essentially unlimited. The amendment I presented set a time limit of 15 years and was based on a recommendation from the commissioner himself. I read in the media that civil society felt that period was too long. I understand their concerns, but ultimately, we relied on the Privacy Commissioner's expertise.

After my amendment was adopted and the bill was passed by the House, in spite of the NDP's opposition, the Senate heard testimony from the Privacy Commissioner. He pointed out that the wording of the amendment as adopted could be interpreted to mean a minimum of 15 years rather than what we actually intended, which was a maximum of 15 years. He himself said that this might not have been the committee's intent.

The Senate therefore made a correction and improved an amendment that I was pleased to present. I was also pleased to have the support of the other parties on the committee. Obviously, we support the Senate amendment.

The amendment put forward by the government today also supports that amendment. Accordingly, although we oppose the bill, we do support today's motion to adopt the Senate's amendment.

I want to take a moment to address this. I raised some of the concerns at the time on Bill C-21. Earlier I enumerated some of the things the minister said. However, there is another piece, and that is the issue of OAS and EI.

We had the appropriate ministry representatives at committee. They talked about all the great savings they were going to see and about the abuse of the EI and OAS systems. I find it fundamentally offensive to talk about savings in systems and programs that are there to help the most vulnerable in our society. The officials at committee even acknowledged that they believe in the good faith of the people who are claiming EI and receiving OAS.

Here is the problem. I will refer to some news articles that appeared in June of this year. For example, the Canadian Snowbird Association talked about its concern about the kind of information, or lack thereof, being shared, the personal information being shared, in an effort to potentially crack down on supposed abuses. For example, a situation as innocuous as people overstaying a day in a condo they own in the U.S. could mean that they would have their OAS payments or other government programs docked when they came back to Canada, in some cases. On the flip side, with the IRS in the U.S., people are being turned away at the border when they try to return to the U.S. to visit friends or family or to stay in a secondary residence they might have there. Certainly, there are concerns being raised.

I want to open some parentheses here and say that the NDP certainly understands and agrees that we do not want to see these systems abused, because essentially that would mean money is being stolen from those who actually need it. However, we also have to understand that when we are talking about information-sharing in an effort to crack down, I think there need to be more robust parameters in place with respect to how we are communicating with those individuals who could be affected.

Another concern I have obviously has to do with the employment insurance system. I am sure my colleague from Saint-Hyacinthe—Bagot and my colleague from Churchill—I apologize, but I forget her riding's full name, which is long—can attest to how badly the EI system needs to be improved.

We are talking about the spring gap, the notorious 15 weeks, the problems that still have not been solved despite the government's rhetoric. What does the government do? It sends officials from the department in question to the Standing Committee on Public Safety and National Security so they can boast about all the money being saved by sharing additional information on travellers with the Americans.

I do not mean any disrespect to our interpreters, but I am going to repeat what I said earlier in English. I completely understand that the government wants to stop the abuse of the system and make sure that the money is going to the right recipients. At the same time, I also understand that priorities seem to be a problem for this government.

It is funny that I talked about the no-fly list at the beginning of my speech. The minister was bragging about the fact that very few identifiers are shared in the system that Bill C-21 is proposing. He talked about basic information and said that that information appears on page 2 of the passport. This creates another problem, because when there are not enough identifiers, it can be very difficult to identify an individual in the context of a government program, the Canada Revenue Agency, and so on.

I need to look no further than in my own family. My younger brother's spouse has a twin sister with the same first initial, but a different social insurance number. They have the same surname, the same birth date and the same first initial, but a different SIN. What happens? They have to fight on a regular basis to have their identity recognized when undergoing a credit or background check. They have all kinds of problems with the CRA, government programs and banks. In short, they have had problems in the past. Unfortunately for them, they will continue to have these problems throughout their lives. Still, I hope they will not.

I am pointing this out because having only a few identifiers, as the minister reassures us, can create problems. For example, someone receiving EI who has not travelled to the United States, but who shares the same name and date of birth with another person who has, could be incorrectly identified by the department, which is not even the same one that receives the information. The Canada Border Services Agency receives the information, which it then passes on to the Department of Employment. As members, we work often enough with government agencies to know that mistakes can be made along the way. I say this with all due respect for our great public service.

Those mistakes are even more troubling for a variety of reasons. First, I specifically asked those representatives in committee about EI, OAS and other payments. I asked them what they would do if there was a mistake, or what if people had their EI cut off because they were told they had gone to the U.S., but they had not. The response I got, if people can believe it, was that they would need to take it up with CBSA.

What happens with CBSA? It is the only national security agency in the country that does not have a dedicated oversight body. Is that not convenient? That is extremely problematic and a far from satisfying response when the most vulnerable, who desperately need EI benefits, are cut off all because of a mistake was made in an effort to share even more information with the U.S., at its request. This whole system stems from that.

Moreover, I pointed out that there was a complaint system built into the law, but CBSA needed the proper oversight. The minister has promised that time and again over the last three years, since he has responsibility for this portfolio, and it has not happened.

Bill C-59, for example, would result in the biggest overhaul to our national security in the last 30 years. Despite all the reassurances about the National Security and Intelligence Committee of Parliamentarians, the new oversight body, colloquially called the super-SIRC, would only deal with CBSA in the specific context of national security. CBSA is always deals with national security at our borders. However, the question could be posed whether it is an issue of national security when people have their EI cut off because of information collected by CBSA. That question remains unanswered. The fact that it is unanswered is exactly why we have a problem, among other things, with Bill C-51.

I want to raise one last point. Representatives of the Akwesasne First Nation came to both to the House committee and the Senate committee. The community lies across border. Representatives explained to us that they had children who were born in upstate New York and then lived in Canada. They had folks who sometimes worked in the U.S. Sometimes they needed to start in Canada, go through the U.S. and come back to Canada just for the commute home because of the geography of their location. I am pleased to hear they can cross those borders, because those borders should not be imposed on them as the first peoples of this land.

They already deal with certain difficulties, based on the information CBSA shares with appropriate ministries for different government benefits, with receiving the benefits to which they are entitled. Therefore, we can imagine that under a regime like that proposed in Bill C-21, those problems could be exacerbated. Unfortunately, there is no special dispensation for folks like that in the legislation, and that is also a concern.

In conclusion, I am glad I was able to reiterate the reasons for which the NDP opposes Bill C-21. We understand the desire to improve the flow at the border, work with our allies, and ensure that nobody abuses our social programs. However, we believe that Bill C-21 allows for yet more information sharing, despite inadequate protection for citizens' rights and privacy.

We should all be particularly concerned about the fact that Bill C-21 is the first stage of what could become a more extensive information sharing regime in the coming years. The Prime Minister and the U.S. President committed to enhancing border co-operation, but this is not going to make things better. This is about fingerprinting people, searching cell phones, and possibly even having our officers and theirs work in the same space. That came up during talks between the U.S. President and the Prime Minister.

All of these plans are still in their very early stages, and I do not want anyone telling me I am getting worked up and scared, but we have every reason to be concerned, especially considering how the current U.S. President behaves and how we protect our citizens at the border and on our own soil when they need social programs they are entitled to.

The bill's intentions are honourable, but the execution is poor. We support the Senate's amendment, but we still oppose Bill C-21.

[Glen Motz, Conservative, Medicine Hat—Cardston—Warner, AB]

Madam Speaker, the differences between Bill C-83 and Bill C-21 are vast. They are at completely opposite ends of the spectrum. It is obvious that Bill C-21 is legislation that is a piece off what was started under the beyond the borders action plan our previous government initiated. The current legislation, Bill C-83, is a dog's breakfast of we are not sure what. It is a mess, and no one supports it.

[Jim Eglinski, Conservative, Yellowhead, AB]

Madam Speaker, I know the member is fully aware of Bill C-83. I am comparing it with Bill C-21. At committee, we listened to many witnesses talk about Bill C-83, and everyone said it was a bad bill. In fact, no witnesses who came forward said that Bill C-83 was a good bill, except for the minister and his entourage. Bill C-83 is a very important bill in that it is supposed to protect our jail system, the guards and the prisoners, but it is a bad bill. No one agreed that it was a bill that should go ahead, yet we were going to deal with it earlier this morning.

Here we have Bill C-21, which is necessary. It would assist Canadians and Americans travelling back and forth. It would help the security of our country. I wonder if the member would comment further on Bill C-21.

[Glen Motz, Conservative, Medicine Hat—Cardston—Warner, AB]

Madam Speaker, I have the honour to rise in the House today to speak to Bill C-21, an act to amend the Customs Act.

Our caucus is supportive of the bill, and I am pleased to rise to renew that continued support. However, I cannot help but look at Bill C-21 and compare it with another bill before the House, Bill C-83, an act to amend the Corrections and Conditional Release Act. There are significant differences between the two. The question of differences especially comes to mind with the recent passing of former United States President Bush and the eloquent eulogy offered by former Canadian prime minister Brian Mulroney. The friendship and skill of these former leaders stands in contrast to our leader today.

Bill C-21 was the product of two former national leaders, former Canadian prime minister Stephen Harper and U.S. President Obama. The legislation was based on an effort to improve security and trade. The two leaders were noted for making history. One re-crafted Canadian Conservative politics while the other re-crafted a new vision for American presidents. Neither could be found making the kind of erroneous tweets or statements of their successors. Despite ideological and cultural differences, they improved trade and worked together to deal with challenges, like the global economic crisis. The difference between our former leaders and the new one today could not be more stark. For me, these two bills tell a similar story. Bill C-21 is based on the work of a predecessor.

At committee, we heard numerous people speak to the relevance, importance and balance of Bill C-21. Concerns were raised, but they were manageable and moderate. In contrast, Bill C-83 fails in every way that Bill C-21 seems to succeed. Not one witness provided support for Bill C-83 at committee. The committee could not determine exactly what or how the bill would work, or even if it would meet any of promises the Minister of Public Safety made. Bill C-21, on the other hand, is a bill to implement improved border co-operation and security that would benefit both the United States and Canada. It would boost jobs and opportunity. It would reduce the regulatory burden on honest and hard-working Canadians. It would provide safe and effective borders, and it would support Canadians who follow the rules and respect the law.

In the incredible riding of Medicine Hat—Cardston—Warner in southern Alberta, which I have the privilege and honour of serving, we have five ports of entry between Canada and the United States. These border crossing are critical for local, regional and national economies. Products, services and people cross the border daily. Unfortunately, despite funding being set aside in 2015 by the previous government, the Liberals have yet to deliver a dime to improve and expand border crossings in my riding. That is yet another example of the way the Liberals have continued to ignore the needs of Alberta's economy.

One of the features of Bill C-21 is the collection of personal entry and exit information at the border. This information will provide better intelligence and understanding of security and trade, and ultimately better security and a stronger economy. Naturally, collection of information in the age of big data does raise concerns. This is the only issue that surfaced during Senate review.

The Senate has offered an amendment to clause 93.1, which reads:

Subject to section 6 of the Privacy Act, information collected under sections 92 and 93 shall be retained for 15 years beginning on the day on which the information is collected.

The Privacy Commissioner was concerned that the original amendment by the public safety committee would not provide enough certainty. I understand that it is the Privacy Commissioner's role to be concerned and to identify what could go wrong and how things could be abused. He stated:

The words “shall be retained for 15 years” clearly indicate that information cannot be destroyed before the end of the 15 year period. Then, there are no words to prescribe what happens after the end of the period.

I would suggest this is a friendly amendment, a minor edit over a concern about the language used to achieve the same objective. I will quote from the Hansard of the Senate. Senator Mary Coyle stated the following about the testimony of the Privacy Commissioner:

...in order to achieve greater legal certainty, section 93.1 should be amended in order to clarify that the data collected under sections 92 and 93 shall be retained by the agency for a period of not more than 15 years, so to a maximum of 15 years. He said:

'It would be desirable...to achieve greater legal certainty to amend section 93.1 to clarify that it applies only to CBSA and that it is a maximum period.'

That is, the 15-year maximum period. I have personally verified with Mr. Therrien regarding the wording of the amendment agreed to by the committee and he agrees it captures his concern regarding the retention period for the CBSA.

She further noted the following:

Bill C-21 gained broad consensus from all parties in the House of Commons and we have heard a similar level of agreement in this chamber.

I would note that it is not surprising that the Senate would find few issues with this legislation. The bill achieves many important objectives for Canada and Canadians.

The better use of information concerning people and goods that enter and leave the country will ensure that the government is better informed. It will also make life easier for immigrants and permanent residents who currently have to prove their time in the country, instead of a clear record being available to government. Informed government is better government.

The bill will support faster and more effective trade between our countries, as trusted businesses will be able to move their goods more efficiently across the border without barriers. In contrast, border agents will be able to better identify and target problems, focusing enforcement on the issues rather than honest Canadians trying to go about their business.

Like all legislation involving the collection of information, we must be conscious of the collection and use of data. As the Privacy Commissioner noted, the majority of the issues raised are addressed in the bill and the bill strikes the right balance.

Unfortunately, Bill C-21 is still not an answer to many of the issues caused by the Liberal government and faced by Canadians and our country at the border. There continue to be tens of thousands of illegal border crossers, costing taxpayers an estimated $1.1 billion, including numerous impacts on provinces. For example, the capacity of local and regional social systems are maxed out; there is a four-year backlog in asylum claims that continues to get longer; and resources from communities across the country, including CBSA border officers, RCMP and immigration officials, have been redeployed to Lacolle and other problem areas, leaving communities short-handed.

Provinces have run up massive costs, for which the federal government has offered pennies on the dollar by way of reimbursement. More than two years later, and now with two ministers, there is still no clear plan to secure the border and re-establish an orderly refugee and immigration system.

Trade between Canada and the U.S. continues to be problematic, as steel and aluminum tariffs have put manufacturing and construction jobs at risk. The energy sector continues to be subject to the whims of foreign influencers who are aligned with the anti-energy ideologies of the Liberal government.

I hope the House can move quickly to move Bill C-21 forward. The Liberal government has created a long list of problems, crises, and regional divides that need the attention of members to undo the damage to families, businesses and workers.