An Act to amend the Customs Act

This bill is from 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 has also written a full legislative summary of the bill.

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

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-21s:

C-21 (2022) Law An Act to amend certain Acts and to make certain consequential amendments (firearms)
C-21 (2021) An Act to amend certain Acts and to make certain consequential amendments (firearms)
C-21 (2014) Law Red Tape Reduction Act
C-21 (2011) Political Loans Accountability Act
C-21 (2010) Law Standing up for Victims of White Collar Crime Act
C-21 (2009) Law Appropriation Act No. 5, 2008-2009

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

December 7th, 2018 / 12:15 p.m.


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Kanata—Carleton Ontario

Liberal

Karen McCrimmon LiberalParliamentary Secretary to the Minister of Public Safety and Emergency Preparedness

Madam Speaker, it is a pleasure to rise in support of the legislative amendment to Bill C-21 that has been proposed by our hon. colleagues. The legislative amendment we are debating today is reflective of similar concerns expressed by the House in its consideration of the bill, namely that the personal information collected under Bill C-21 be retained for a period of 15 years. The Senate, in consultation with the Privacy Commissioner of Canada, has provided additional wording to ensure that the Canada Border Services Agency would only be authorized to retain the data it collects for a period of not more than 15 years.

Privacy protection is part of the very design of the entry-exit initiative. For one, agreements would have to be established with the CBSA and other government departments for the sharing of information. Included here are requirements for the completion of privacy impact assessments to identify exactly how collected information would be used, as well as the measures taken to protect privacy before the new system becomes operational.

Importantly, when Canada's Privacy Commissioner appeared before the Standing Committee on Public Safety and National Security, the parliamentary committee that examined this bill, he noted that, “...there are important public policy objectives that this initiative is trying to address and that the personal information in question is not particularly sensitive. ” In the Senate, the Privacy Commissioner further expressed his general satisfaction with the bill and the extent to which his office had been consulted throughout the process.

Our government understands the need to provide Canadians reassurance that information-sharing initiatives have proper safeguards and review. Through Bill C-59 Canadians have seen that the government is serious about ensuring effective review of Canada's security agencies. We would be more than meeting the expectations of Canadians with this new degree of legislative review, and importantly, this scrutiny would align us with our Five Eyes counterparts that already have such measures in place. The entry-exit initiative has broad public policy benefits, as the Privacy Commissioner acknowledged. Bill C-21 would benefit Canada in many ways, the most important being that it would enhance the security and effectiveness of the Canada-U.S. border and in so doing, increase the safety of our citizens.

Let me first remind the House how information is exchanged today. Canada currently collects basic biographic information on people coming into Canada, such as who they are, where they are from and how long they are staying. This information helps our officials identify and respond to potential threats. However, when it comes to those leaving the country, we collect information on only a small subset of these people, meaning that at any given moment we have an important information gap. While we know who enters Canada, we do not have a full picture of who is leaving.

The main problem with this information gap is that we might miss the exit from our country of individuals escaping justice or seeking to join radical groups abroad, or of known high-risk travellers and their goods, such as human or drug smugglers or exporters of illicit goods.

With this in mind, I will review briefly what Bill C-21 would do. When someone enters the U.S. from Canada at a land border crossing, basic entry information such as name, date of birth, citizenship, passport number and time and place of entry, the kind of information that is already collected from everyone entering the U.S., would be transmitted from the U.S. to the CBSA. In this way, the record of a person's entry into the U.S. would become a record of the person's exit from Canada and vice versa.

This would be new. Currently, at land ports of entry the U.S. and Canada exchange exit information on only a subset of people, including third-country nationals, non-U.S. or Canadian citizens; permanent residents of Canada who are not U.S. citizens; and lawful permanent residents of the U.S. who are not Canadian citizens.

With this bill, the data collected would be expanded to include all people exiting Canada by land.

The bill would allow a similar situation for a person leaving Canada by air. When someone enters the U.S. by air, his or her basic information would need to be provided to the CBSA. This information would be transmitted from the airlines to the CBSA so that the agency has information on everyone exiting Canada by air.

The benefits of this expansion of data pertaining to individuals exiting the country are many. For example, it would help our officials to respond quickly, and sometimes pre-emptively, to the outbound movement of known high-risk travellers and goods. It would identify individuals who do not leave Canada at the end of their authorized period of stay. It would verify whether applicants for permanent residency or citizenship have complied with residency requirements and would deliver faster client services for permanent residency and citizenship applications. It would allow us to respond more effectively in time-sensitive situations, such as amber alerts. It would allow us to stop using valuable immigration enforcement resources to find people who have already left Canada. It would allow us to provide reliable information in support of those making admissibility decisions and those carrying active investigations related to national security; law enforcement; or immigration, citizenship or travel document fraud. It would allow us to better interdict the illegal export of controlled, regulated or prohibited goods from Canada.

All told, the entry-exit initiative is another example of how Canada is keeping pace with the rest of the world and living up to its emerging position as a leader in border management.

In closing, I would like to say a few words about the CBSA and how Bill C-21 would help its officers better carry out their important work.

As all members know, the CBSA plays a key role in protecting Canada's physical and economic security by detecting threats at the border. Operating 24-7 in a risk-management environment, the agency relies heavily on information, including data on who is coming, who is going and when.

Currently, border officers know who is coming into Canada but do not know who has left. This is a blind spot that could prevent officers from tracking potentially dangerous Canadians as they head overseas, such as human traffickers.

Without a doubt, for all Canadians, the men and women of the CBSA need to have the proper basic tools, and that includes information, to deliver on their mandate of maximizing our safety and security.

For this, and a host of other reasons, I encourage all hon. members to join me in supporting this amendment and this important bill.

Business of the HouseOral Questions

December 6th, 2018 / 3:10 p.m.


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Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons

Mr. Speaker, this afternoon, we will begin debate on the Senate amendments to Bill C-57, the sustainable development bill.

Tomorrow morning, we will start debate at report stage and third reading stage of Bill C-83, the administrative segregation legislation. Following question period, we will debate the Senate amendments to Bill C-21, the Customs Act.

Next week, we will be debating various government bills.

I would like to remind the House that, in accordance with the order adopted this morning, there will be an exploratory debate Monday evening at the usual time of adjournment. The debate will be on the subject of the opioid crisis in Canada.

Public SafetyOral Questions

September 20th, 2018 / 2:55 p.m.


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Regina—Wascana Saskatchewan

Liberal

Ralph Goodale LiberalMinister of Public Safety and Emergency Preparedness

Mr. Speaker, we understand the frustration of families with no-fly kids. By definition, no children are on Canada's secure air travel list. However, worrisome adults with similar names are, and that creates the false positives.

When the system was first implemented, the previous government should have recognized this problem and provided unique identification numbers for automatic redress. However, it did not. The Conservative design failed. We now have $81 million to fix it. First and foremost, we need the legal authority to do so. That is in Bill C-59 and Bill C-21. Both bills need to be passed as quickly as possible.

Business of the HouseGovernment Orders

June 19th, 2018 / 9 p.m.


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Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons and Minister of Small Business and Tourism

Mr. Speaker, on a point of order, there have been discussions among the parties and I believe if you seek it you will find unanimous consent for the following motion.

I move:

That notwithstanding any Standing Order or usual practice of the House, following routine proceedings on Wednesday, June 20, 2018:

(a) Bill C-21, An Act to amend the Customs Act, be deemed read a third time and passed on division;

(b) Bill C-62, An Act to amend the Federal Public Sector Labour Relations Act and other Acts, be deemed concurred in at the report stage on division and deemed read a third time and passed on division;

(c) Bill C-64, An Act respecting wrecks, abandoned, dilapidated or hazardous vessels and salvage operations, be deemed read a third time and passed;

(d) Bill C-68, An Act to amend the Fisheries Act and other Acts in consequence, be deemed read a third time and passed on division;

(e) Ways and Means No. 24 be deemed adopted on division, and that the Bill standing on the Order Paper in the name of the Minister of Finance entitled, An Act to implement a multilateral convention to implement tax treaty related measures to prevent base erosion and profit shifting, be deemed read a first time;

(f) the motion respecting Senate Amendments to Bill C-46, An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts, standing on the Notice Paper in the name of the Minister of Justice, be deemed adopted on division;

(g) the motion respecting Senate Amendments to Bill C-50, An Act to amend the Canada Elections Act (political financing), standing on the Notice Paper in the name of the Minister of Democratic Institutions, be deemed adopted on division;

(h) the 64th Report of the Standing Committee on Procedure and House Affairs entitled, Code of Conduct for Members of the House of Commons: Sexual Harassment between Members, presented to the House on Monday June 4, 2018, be concurred in;

(i) the following motion be deemed adopted on division: “That, pursuant to Standing Order 111.1(2) and in accordance with subsection 79.1(1) of the Parliament of Canada Act, R.S.C., 1985, c. P-1, the House approve the appointment of Yves Giroux as Parliamentary Budget Officer for a term of seven years”; and

(j) the House shall stand adjourned until Monday, September 17, 2018, provided that, for the purposes of any Standing Order, it shall be deemed to have been adjourned pursuant to Standing Order 28 and be deemed to have sat on Thursday, June 21 and Friday, June 22, 2018.

Business of the HouseOral Questions

June 7th, 2018 / 3:10 p.m.


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Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons and Minister of Small Business and Tourism

Mr. Speaker, this afternoon, we will continue with the report stage debate on Bill C-69, the environmental assessment act.

Following this, we will turn to Bill C-75, the justice modernization act, and Bill C-59, the national security act.

If time permits, we shall start debate at report stage of Bill C-68, the fisheries act, and Bill C-64 on derelict vessels.

Tomorrow morning, we will begin third reading of Bill C-47 on the Arms Trade Treaty. Next Monday, Tuesday, and Thursday are allotted days. Also, pursuant to the Standing Orders, we will be voting on the main estimates Thursday evening.

Next week, priority will be given to the following bills: Bill C-21, an act to amend the Customs Act; Bill C-59, an act respecting national security matters; Bill C-64, the wrecked, abandoned or hazardous vessels act; Bill C-68 on fisheries; and Bill C-69 on environmental assessments.

We also know, however, that the other place should soon be voting on Bill C-45, the cannabis act. If a message is received notifying us of amendments, that will be given priority.

Bill C-21—Notice of time allocationCustoms ActGovernment Orders

May 11th, 2018 / 12:40 p.m.


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Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons and Minister of Small Business and Tourism

Mr. Speaker, I really hoped that I would not have to utilize this, but an agreement could not be reached under the provisions of Standing Orders 78(1) or 78(2) with respect to the third reading stage of 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.

Business of the HouseOral Questions

May 3rd, 2018 / 3:10 p.m.


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Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons and Minister of Small Business and Tourism

Mr. Speaker, this afternoon we will resume third reading debate on Bill C-48 on the oil tanker moratorium. The debate shall continue tomorrow.

On Monday, we will start report stage and third reading of Bill C-65 on harassment. Tuesday will be an allotted day.

Next Wednesday, in accordance with the order adopted on April 26, the House will resolve itself into a committee of the whole following question period to welcome the athletes of the 2018 Pyeongchang Olympic and Paralympic Games. Afterward, the House will proceed with debate at report stage and third reading of Bill C-21, an act to amend the Customs Act.

Next Thursday, we will only begin the debate of Bill C-76, an act to amend the Canada Elections Act. As members have heard in this House numerous times, we are committed to seeing more people participate in democracy. I have always committed to ensuring that there is a reasonable amount of time to debate and also to ensure that the committee can do its work. Therefore, I look forward to hearing from all parties how much time is needed so that we can continue to ensure that legislation is advanced in a timely fashion.

Just quickly, Mr. Speaker, I want the opposition House leader and all colleagues to know that this is our parliamentary family, and we are always going to be here to work together. We know that in the days and weeks and years to come, there might be times that we need to lean on each other, and we will always be here to do that, and I know the opposition does the same. We sincerely appreciate those kind words today. Our thoughts and prayers are with the members.

Business of the HouseOral Questions

April 26th, 2018 / 3:15 p.m.


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Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons and Minister of Small Business and Tourism

Mr. Speaker, today we will continue with debate on the NDP opposition motion.

Tomorrow, we will take up report stage and third reading debate of Bill S-5, the tobacco and vaping products act.

On Monday, we will commence report stage debate of Bill C-48, the oil tanker moratorium act.

Next Tuesday will be an allotted day.

On Wednesday, we will consider report stage and third reading of Bill C-21, an act to amend the Customs Act.

Last, discussions have taken place between the parties, and if you seek it, I think you will find unanimous consent for the following motion:

That, notwithstanding any Standing Order or usual practice of the House, following Question Period on Wednesday, May 9, 2018, the House resolve itself into a Committee of the Whole in order to welcome the athletes of the 2018 PyeongChang Olympic and Paralympic Games; provided that: a) the Speaker be permitted to preside over the Committee of the Whole from the Speaker's chair and make welcoming remarks on behalf of the House; b) the names of the athletes present be deemed read and printed in the House of Commons Debates for that day; c) only authorized photographers be permitted to take photos during the proceedings of the Committee; and, d) when the proceedings of the Committee have concluded, the Committee shall rise.

JusticeAdjournment Proceedings

December 11th, 2017 / 7:10 p.m.


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Eglinton—Lawrence Ontario

Liberal

Marco Mendicino LiberalParliamentary Secretary to the Minister of Justice and Attorney General of Canada

Mr. Speaker, it is regrettable to hear that kind of hyperbole and rhetoric from my hon. colleague. It would be more appropriate to hear that from his usual seat in the House. I notice he has come to this side of the aisle. On this side of the aisle, we are actually quite proud of our record when it comes to human trafficking. I will get to that in just a moment, but I would point out that, perhaps it was not my hon. colleague, but certainly the last Conservative government cut close to $1 billion from the public safety portfolio, including from the CBSA and the RCMP. All of that undermines many of the gross assertions he just made.

Returning to the question at hand, human trafficking is a heinous crime and a human rights offence. In collaboration with provinces and territories, indigenous communities, law enforcement, and community organizations as well as international partners, we are using a wide variety of measures to combat human trafficking, to support victims and potential victims, and to ensure that perpetrators are brought to justice.

The national action plan to combat human trafficking was a four-year initiative that ran until last year. Since then, Public Safety Canada has been leading a formal evaluation of the action plan to help inform how we move forward on this important issue. While that evaluation has been going on, federal departments and agencies have continued to combat human trafficking through a full range of initiatives. We have, for example, and my hon. colleague referred to it, introduced Bill C-38.

Contrary to what he said, the House has debated, and thoughtfully had a discourse about, reversing or easing some of the presumptions when it comes to the burden of proof so that prosecutors can ensure that offenders who participate in human trafficking are held to account. Unlike the last Conservative government, we believe we have an appropriate sentencing regime where we place faith in our judiciary. That means not supporting unconstitutional mandatory minimums, like the last Conservative government introduced, which was struck down by the Supreme Court of Canada. That means ensuring that we have an appropriate mandatory minimum sentencing regime, one that is evidence-based.

In addition to Bill C-38, we also introduced Bill C-21, which will be an important new tool to combat cross-border crimes. The RCMP has several initiatives that target human trafficking. Its human trafficking national coordination centre conducts public awareness campaigns, training, and awareness sessions for law enforcement and stakeholders, as well as national threat assessments on human trafficking.

This past October, the RCMP partnered with police agencies and community organizations across Canada in a coordinated anti-trafficking effort called Operation Northern Spotlight. There was also Project Protect, a joint initiative between the Government of Canada and the private sector. It allows Canadian financial institutions to report transactions that are suspected of money laundering related to trafficking in persons for sexual exploitation. The impact of Project Protect on identifying suspicious transactions linking money laundering to human trafficking has been phenomenal. In 2015, prior to Project Protect, there were 19 such disclosures.

In 2016-17, the government made over $21 million available to provinces, territories, and non-governmental organizations through the federal victims fund. In budget 2017, the government allocated $100.9 million over five years to establish a national strategy on gender-based violence, which obviously overlaps with human trafficking.

The point is, on this side of the House, contrary to where my hon. colleague is currently sitting, we believe in evidence-based policy-making. We believe in supporting our law enforcement branches to ensure women and girls are protected as part of our overall national plan when it comes to human trafficking.

JusticeOral Questions

December 1st, 2017 / noon


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Ajax Ontario

Liberal

Mark Holland LiberalParliamentary Secretary to the Minister of Public Safety and Emergency Preparedness

Mr. Speaker, human trafficking is abhorrent, and we must do everything within our power to stop it. That is why we work with our domestic and international partners to protect victims and to ensure we do everything we can to stop this practice. Recently, we introduced Bill C-38 to give police and prosecutors new tools to investigate and prosecute human trafficking offences. We have also introduced Bill C-21, which gives important tools to combat cross-border crimes.

I look forward to working with the member on this important issue.

Public Safety and National SecurityCommittees of the HouseRoutine Proceedings

October 30th, 2017 / 3:05 p.m.


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Liberal

John McKay Liberal Scarborough—Guildwood, ON

Mr. Speaker, I have the honour to present, in both official languages, the 14th report of the Standing Committee on Public Safety and National Security concerning Bill C-21, An Act to amend the Customs Act.

The committee has studied the bill and has decided to report the bill back to the House with an amendment.

Bill C-48--Time Allocation MotionOil Tanker Moratorium ActGovernment Orders

October 4th, 2017 / 3:55 p.m.


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Conservative

Candice Bergen Conservative Portage—Lisgar, MB

Mr. Speaker, I am disappointed in this, and we as a party are offended.

There was an agreement made two and a half weeks ago when this session started that we would work together with the government and not be obstructionist, but work to help pass bills that we were able to support.

The result so far is that the government has passed Bill S-2, C-21, C-47, and Bill C-58 all without time allocation, and progress was being made on three more bills, Bill C-55, C-57, and C-60.

There was one bill that we said we had a lot of interest in and would like to have enough time for all of our members to be able to speak, and that was Bill C-48. Now the House leader has broken her word. There is no other way to interpret this. If this is the way she is going to start this session after we have worked in such good faith for the last two and half weeks, all the members know that it will be a case of here we go again: a repeat of the failure we saw in the spring session.

Where in the world is the House leader's integrity and ability to keep her word?

Export and Import Permits ActGovernment Orders

September 21st, 2017 / noon


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Conservative

Tom Kmiec Conservative Calgary Shepard, AB

Mr. Speaker, I rose several times before, and was not able to be recognized. I probably was not quick enough to get up to be recognized. Before I begin with my remarks, I notice that the theme of the Liberal Party platform is hypocrisy. I would never accuse my New Democratic colleagues of that. I, at least, know that they believe in something.

We often disagree, but on the Liberals' side it is all about power and how to use it. We can see it right here in the legislation and the treaty itself. They say one thing but the law says something completely different. Through talking points, press releases, and carefully scripted exempt-staffer-written speeches on that side, they are saying the truth is that they are not creating a registry when they actually are.

We heard the parliamentary secretary mention that the G7 and NATO have signed on and are abiding by it. One of the biggest arms manufacturers and biggest military equipment manufacturers, the United States, signed it but did not ratify it. That is a factual error that the parliamentary secretary committed in this House.

There is a Yiddish proverb that says that half an answer also says something. We are hearing half answers a lot on that side. They are not saying the full thing. I wanted to repeatedly rise in the House and ask them to show me in this legislation and the treaty where sharpshooters, hunters, and sports shooters will not be affected by a gun registry. That is exactly what is going to happen. My remarks will be principally demonstrating how, in fact, this creates such a system, not one run necessarily directly by the federal government, but one through the collection and amalgamation of information that will do exactly that.

This morning, we heard the Parliamentary Secretary to the Minister of Foreign Affairs present this bill and make a big deal about how no lawful gun owner would be affected by this. He is carrying the water today for his minister. I know that. What is the clause? Why did he not mention in this House what clause it was that protects gun owners, law-abiding, family-oriented people who just enjoy hunting or sport shooting on weekends with their friends? Where is the section in the legislation that specifically speaks to them and exempts them from sections of this bill? Why did they not choose to add perhaps something in the preamble to the amended legislation that would say that they believe Canadians have a right to lawfully own firearms for lawful purpose? Why did they not provide a greater clarity clause, as it is called here?

Why did the Liberals not express their reservations through that mechanism? If it is not in the arms treaty that the United Nations has, why did they not go ahead and just write it in? They could have done that. It would have been a drafting mechanism to demonstrate to lawful gun owners in Canada that the government has their backs and is actually listening.

The best I could find was a press release on the Government of Canada's website that states:

The proposed legislation is consistent with Canada’s existing export controls and system of assessing export permit applications. The proposed changes will not impact the legitimate and lawful use of sporting firearms.

They could have put that into a preamble. Instead, they chose to put it into a press release, which really has no force of law or effect to it. Why did they not do that?

When the member for Durham spoke, he basically explained exactly what Canada has been doing up to this point. He covered it all, from the 1940s to today: the export control system that Canada has for military manufactured equipment and its export and import controls.

When we speak about the treaty, article 10 talks about the brokering, how it is going to be controlled now, how people will need to get permits, and that there will be certification of documents that will need to be created. It even says that it may include requiring brokers to register or obtain written authorization before engaging in brokering. This is for military equipment.

The parliamentary secretary went through the list in article 2, the scope of the treaty. I will go through it too. Before I do, I want to mention the record-keeping aspect of it, which is what many gun owners are concerned about in Canada. This is article 12 of the treaty, which goes through details such as:

Each State Party shall maintain national records, pursuant to its national laws and regulations, of its issuance of export authorizations or its actual exports....

It then goes into further details, such as “transit or trans-ship territory under its jurisdiction”. It also talks about conventional arms actually transferred. It then goes into certification details such as what type of registry this will be and how it shall be kept.

In the law, we see that they are amending the section on keeping of records, which is 10.3(1). Then they are amending sections 10.3(4), (5), and (6), but in there, the minister can already direct individuals and organizations to keep records in a specified manner and for a specified purpose. The minister can tell them what to do with it.

I know that the parliamentary secretary talked about scope, and started reading off all of them. I am going to do it, too, just to refresh the memory of this House.

Article 2 is about scope: battle tanks, armoured combat vehicles, large-calibre artillery systems—we can all agree the average Canadian should not own any of these things—combat aircraft, attack helicopters, warships, missiles and missile launchers, and small arms and light weapons.

I have an electronic version of the Merriam-Webster dictionary. The definition of “small arms” is “weapons (such as handguns and rifles) that are fired while being held in one hand or both hands”. That could mean civilian or military use. There are many firearms that have a dual use, that are used by military forces across the world, even our allies, for training purposes, for cadet programs and that also have a secondary use.

Lots of times the same manufacturer will make two versions of the same firearm, one for civilian use and one for military use. It is military equipment that the member says the treaty is concerned with and the law is concerned with. However, it actually covers everybody, because it covers all the manufacturers. That is where there is a problem.

Even though he said that the previous Conservative government of the time had participated in negotiations of a treaty, governments participate in negotiations of treaties all the time. Sometimes when a government has a losing hand or it does not get what it wants in a treaty, then the government does not accede to that treaty, regardless of whether it is about firearms, military equipment export controls, or financial regulations. Governments choose at the time of signing whether they agree with the principles within the treaty and whether they can actually get it ratified by their parliaments, hopefully. One would hope that they would then turn to their parliament for that second step.

I want to give an example. If, for our anniversary—and we have tried to do this before and ran out of time—I go out and buy a Beretta shotgun, a very specific one, an A400 Xtreme 12 gauge semi-automatic shotgun at Cabela's in Calgary, for $2,200, and we decide we would like to go for a weekend of duck hunting, I would become the end user, as covered by the treaty and by this legislation.

The government would then keep a record of me, having purchased this firearm, and would then notify the Italian government about my purchase. Now, that is a gun registry. Where is the concern for privacy laws? Why does the Italian government need to know whether I own that particular Beretta shotgun? I would like to know. Where is the concern about the privacy of Canadian gun owners, when their information will be transferred in that fashion to another government? I know that NATO countries are participating in this. I will mention that afterwards.

What we are seeing through this Arms Trade Treaty, and specifically this legislation, is a two-tier system. There is one for the despots and tyrants of the world, and one for law-abiding democracies of the world.

Let us remember the earlier debate just a few days on Bill C-21, when we talked about privacy rights and customs control with the United States. One party was particularly worried on this side of the House, the New Democratic Party. It was extremely worried about privacy rights of Canadians.

What about the privacy rights of lawful gun owners in Canada? What about them? What about when we transfer this information on specifically what they own, how they purchased it, their MasterCard or Visa information, to another government? Why does it need to know?

The shop owner needs to know, of course, for warranty purposes. If something happens and it is defective, I need to take it back to the shop owner so the manufacturer can fix it.

That is an example. That is also a dual-use weapon. There could be a military version that is used for training purposes. It could be used for target shooting. Beretta is a manufacturer of a lot of military equipment, and some of it does have a dual use. One purpose is military; one purpose is civilian. I do not see a difference being made here.

I talked about these two worlds that we are basically creating. Russia and China are not parties to the ATT. Russia is one of the largest exporters in the world, and it did not sign. It exports 39% of its military equipment to India, 11% to China, and 11% to Vietnam, its top three markets. None of those three are signatories to this treaty.

In the total take of what China exports in military equipment, 35% goes to Pakistan, 20% to Bangladesh, and 16% to Myanmar. Pakistan is not a signatory to this treaty. Bangladesh is a signatory but has not ratified it, so the rules do not apply to it. However, it intends to sign it. Myanmar has not done so either.

This creates two worlds. One is that in the western world the democracies agree that the arms control should exist and we should know who the end-user is. On principle, I do not disagree with that. It is an important goal to track sales and understand where weapons go, with military equipment being whatever it is on the list, which is why the Canadian government has been doing it, as the member for Durham said, through the Export and Import Permits Act. We have known about this and have been doing it since the 1940s. Therefore, we already know that we track all exports of military equipment using categories negotiated by the World Customs Organization. We have been tracking it with that organization. We have been doing our part and doing what we expect other countries to do now.

The blanket ban option, as the member for Durham mentioned, is available through the area controls. He mentioned North Korea and Iran, and we can add others to that list. We could add regions to it if that is the desire of the government. It already has that option and mechanism to do so.

There are also drafting issues with the legislation itself. This is from the Rideau Institute. I know it may seem odd that a Conservative reads something from the Rideau Institute, but I do like to see both sides and the problems that people on the left and the right have with particular legislation. It mentions a drafting issue in proposed section 7 of this legislation, asking why the government is relegating a central provision of the enabling legislation, namely, the legal obligation of the Minister of Foreign Affairs when assessing export permits, to the regulations. All of those criteria are in the law right now, but they are being moved into the regulations.

I mentioned this before at committee in regard to other pieces of legislation. I was on the foreign affairs committee, but I have moved to the Standing Committee on Finance. At many of the committees I have been substituted in, I have mentioned that more should be in statute than in regulation and that more should be decided by the House and that other place than by government ministers sitting around a small table. More voices, not less, should have a say on what the categories and the criteria should be, especially for something like the export and import of military equipment. That is a drafting issue that I have, and I have mentioned the others that I have.

If the government wants to say it is on the side of lawful gun owners, it could have introduced a greater clarity clause, amended the preamble, and written it into law. However, it chose not to. That was a choice it made. The government could issue as many news releases, make as many speeches, and make as many Facebook posts as it wants, but it does not change the fact that there is no difference made between the manufacturer of equipment for military and civilian purposes in the law. The manufacturer is the same. The equipment is made in the same place.

It is not the principle of arms control we disagree with. Of course, people agree with controlling the movement of military equipment to other countries. That is why we have been doing it since the 1940s. What the Conservatives fervently disagree with is that there is no protection for lawful gun owners in the legislation or in the treaty itself. Those are serious issues.

The summary provided for this legislation talks about fines being increased, about the term “broker” and how brokers will now have to get permission to be the in-between in the sales of military equipment. It talks about a report having to be tabled in the House that will define the military exports in the previous year. However, as the New Democrats have suggested, the United States will not be included in it because it is a trusted ally. I agree that it is a trusted ally; it is the second greatest democracy in the world after our own here in Canada. The government replaced some of the requirements that only countries that Canada has an intergovernmental arrangement with may be added to the automatic firearms country control list. By a requirement, a country may be added to this list only on the recommendation of the minister after consultation with the Minister of National Defence. Again we have more ministers deciding things and Parliament finding out afterward what is going on. I would much rather that we found out first and decide in the House first what the rules will be and how things should be.

After having returned from the summer recess, it was interesting for me to realize when the parliamentary secretary was speaking that I missed this part of my day and debating him in the House, where he usually brings his A game.

I enjoyed campaigning in Winnipeg over the summer and hearing from the constituents in the different ridings. The parliamentary secretary mentioned that he is open to debate and continuing this. However, just before we returned, the government House leader threatened during a CTV or CBC interview to move more time allocation in this session to achieve its mandate, but the parliamentary secretary is saying something else. I would assume that the member talks to the government House leader on a regular basis. Therefore, I wonder if the government will move time allocation on this a piece of legislation if more members rise in the House to have a say and represent lawful gun owners, hunters, and those who enjoy sports shooting. I met many of them in my riding during the last election. I always tell my campaign volunteers that if a garage door is open and they see someone fixing or cleaning his or her lawfully owned firearm to leave them alone, as it is not the best time to approach someone. It is is better to come back to those houses later on.

Treaties alone do nothing. They are just pieces of paper. One of the problems with the ratification of the ATT by the government is that the Liberals will push it through because they have the votes. At the end of the day, they will have their way and the lawful gun owners across Canada, who have legitimate concerns, will be the losers.

I want to ask these questions of the parliamentary secretary who presented this bill in the House on behalf of his minister. How many gun owners did he or the department speak with? How many associations did they speak to and consult with? How many people said it was a great idea, and how many said it was a bad idea, and why? I did not have an opportunity to do ask these questions earlier, because so many members were standing to speak that I was not noticed.

As the member for Durham so eloquently stated, we already have an effective system for the control of exports and imports of military equipment. Therefore, the main concern on this side of the House is the rights and privileges of lawful gun owners. It is not just the rural members; it is also the urban members. I represent an urban riding. There are a lot of sports shooters in my riding. The Shooting Edge is located across the river just over the edge of my riding in the riding of the member for Calgary Midnapore. It is always packed. There are a lot of people who enjoy the sport and the challenge. However, this treaty will create a registry system. In the example I gave previously, the manufacturer and the government where that manufacturer is based will know that I had purchased a Beretta shotgun from Cabela's at a certain price, what it is, and what it does. However, it also applies to ammunition. Therefore, when the member opposite said that the treaty talks about scopes and small arms, he should look at the definition in the Merriam-Webster dictionary, which includes handguns, rifles, or a firearm being held in one or both hands. That is extremely broad.

Gun owners, who are not dumb and can read legislation, figured out long ago that the Liberal Party of Canada is not on the side of lawful gun owners. The gun registry has cemented that idea. Therefore, I do not understand how the Liberals can defend this piece of legislation and the implementation of a national treaty and say that lawful gun-owning Canadians, who go home every day to their family, will not be impacted by this at all. There is no way they can say that.

Foreign Affairs, Trade and Development—Main Estimates, 2016-17Business of SupplyGovernment Orders

May 17th, 2017 / 10:45 p.m.


See context

Orléans Ontario

Liberal

Andrew Leslie LiberalParliamentary Secretary to the Minister of Foreign Affairs (Canada-U.S. Relations)

Madam Chair, I will be using 10 minutes for my speech, followed by five minutes for questions.

As we have said on numerous occasions, the Canada-U.S. economic relationship is balanced and mutually beneficial. Our economic ties to the U.S. are key to middle-class jobs and growth on both sides of the border.

Our partnership is also critical to Americans. Canada is the number one customer for U.S. exports and we are America's biggest market. Thirty-two states count Canada as their largest international export destination, with nine million U.S. jobs directly linked to trade with Canada. We do over $2.4 billion in trade a day, every single day.

We strongly believe that a whole-of-government and non-partisan approach is the best way to have an impact on American decision-makers and opinion leaders. That is what has happened in this Parliament, and we are all delighted. I will now speak about our key priorities.

At their first meeting in Washington, the Prime Minister and President Trump issued a joint statement that gave a clear indication of Canada's priorities in our relationship with the United States. The statement is a road map to upcoming co-operative projects between our two nations and it focuses on five key areas.

First, the growth of our economy, which includes such initiatives as co-operation on regulation. The Treasury Board Secretariat is leading an ongoing dialogue with American officials to move ahead with co-operation on getting rid of regulations that impede the flow of business. Another initiative is the Gordie Howe International Bridge. The Windsor-Detroit border crossing project is halfway through the bidding stage, and a private sector partner is expected to be selected next spring.

The second is promoting energy security and the environment. This focused area includes and identifies pipelines, and air and water quality. For pipelines, Keystone XL is now approved. The economy and the environment have to go hand in hand. There are several other projects like pipelines or electricity transmission lines that are at different stages for review.

When it comes to air and water quality, Environment and Climate Change Canada is working very closely with the U.S. and broad co-operation continues in some specific problem areas.

The third is keeping our border secure, of course. Entry-exit or, more specifically, Bill C-21, An Act to amend the Customs Act will allow for full implementation of the entry-exit initiative whereby Canada and the U.S. will exchange information on all travellers crossing the land border. We expect implementation by 2018. There will be a thinning of the border with a thickening of the outer perimeter of security.

There was also discussion of pre-clearance, namely Bill C-23, An Act respecting the preclearance of persons and goods in Canada and the United States. Once the bill is passed, both countries will be in a position to ratify the agreement, which will provide a framework for expansion of pre- clearance to cargo. In other words, it will get stuff moving faster.

The fourth area of focus was working together as allies in the world's hot spots, which includes co-operation on NORAD, which of course is essential to our Arctic sovereignty, as well as dominance over our own air space, our military alliance with the U.S., not only through NORAD but also NATO. The steps for modernization are in the government's defence policy review. More news will be announced on that by the Minister of Foreign Affairs and the Minister of National Defence shortly.

There is also the coalition to counter Daesh, wherein Canada is a key member of this 68-member coalition. The minister attended the ministerial meeting in Washington, DC, hosted by Secretary Tillerson on March 22, where the future strategy to defeat Daesh was clearly laid out.

We have also made some specific proposals and taken action to counter the activities, the heinous crimes of Daesh, not the least of which is supporting, through military efforts, but also $804 million in humanitarian aid, to assist the most vulnerable.

The fifth and last area of focus in this thematic scheme is empowering women entrepreneurs and business leaders. We oversaw the creation of the Canada-United States Council for Advancement of Women Entrepreneurs and Business Leaders. The council is committed to removing barriers to women's participation in the business community, and supporting women by promoting the growth of women-owned enterprises.

We are committed to gender equality, the empowerment of women and girls, and the promotion and protection of their human rights. We see women as powerful agents of change, an experience I, myself, have seen in the war-torn lands of Afghanistan. These individuals have the right to be full participants, and influencers in peace and security operations. Achieving gender equality requires changing unequal power relations, and challenging social norms and gender stereotypes. We can lead by example in that regard.

The next issue is with regard to the terms of the engagement strategy.

Since January 20, the Government of Canada and the provinces and territories have been undertaking an ambitious pan-Canadian strategy to get the United States involved. This includes not only the Prime Minister's official visit to Washington in February—I had the pleasure of going with him—but also visits, meetings, and other discussions between the ministers, parliamentarians, and provincial and territorial leaders and their American counterparts, as well as political leaders at the national and state level.

The ministers have undertaken an action-centred program that targets 11 key states whose main export destination is Canada and that maintain vital economic links with Canada or have a significant impact on American policy and Canadian interests.

We have already made over 100 visits as part of this effort. Twelve parliamentary committees are planning or preparing to go on visits to the United States in the near future, and I thank them for that. Through these visits, calls, and meetings initiated by Canada's network in the United States, we have obtained the support of over 215 political leaders in the United States.

Top of mind, of course, is NAFTA, something we have already talked about tonight. I know it has been said before, and we are going to say it again. We are ready to come to the negotiating table with our American friends at any time. It has been modified 11 times since its inception. It is natural that trade agreements evolve as the economy evolves. Canada is open to discussing improvements that would benefit all three NAFTA parties.

Should negotiations take place, and we all expect they will, Canada will be, and is, prepared to discuss at the appropriate time specific strategies, but we are not going to expose our cards right now. Quite frankly, we want a good deal, not just any deal.

When it comes to softwood lumber, on April 24, the U.S. Department of Commerce announced it would impose preliminary countervailing duties on certain softwood lumber products from Canada. We disagree strongly with the U.S. Department of Commerce's decision to impose an unfair and punitive duty. The accusations are baseless and unfounded. We continue to believe that it is in both our countries' best interests to have a negotiated agreement as soon as possible with a deal that is fair for both countries.

We have been in constant conversation with our American counterparts. The Prime Minister raises this every time he interacts with President Trump, as does the minister with her counterparts. As a matter of fact, the last time she raised it with her counterparts was yesterday. That is literally hot off the press.

While Canada is committed to negotiating an agreement, once again, we are not going to accept just any deal. We need an agreement that is in the best interests of our industry. We want a win-win.

In conclusion, while we only touched on a couple of the highlights of our engagement on this very broad, complex, and deep relationship, it is clear that the partnership between Canada and the United States has been essential to our shared prosperity. Our trade with the United States is balanced and mutually beneficial. We are its largest customer. We invest more in the U.S. than the U.S. invests in us. We are the Americans' biggest client.

We will also continue to work with all parliamentarians to ensure that we maintain a united front in our engagement with the United States in a non-partisan fashion. The growth of our economy and working well with the United States is not a partisan issue. All members of Parliament are thanked, essentially, for their “all hands on deck” approach.

Canada's relationship with the United States is extensive, highly integrated, and prosperous. Thirty-two states count Canada as their largest international export destination. Nine million U.S. jobs are linked to trade with Canada, and we do over $2.4 billion in trade a day. That is why from the very beginning, our government looked for ways to reach out to the new American administration to advance issues of mutual interest.

It is also important to realize that it has been really a non-partisan approach. I would like to single out, as the minister has done, the interim Leader of the Opposition, the member for Sturgeon River—Parkland, for her fantastic work in Washington. I literally saw her in action now on two different occasions, once at the inauguration and once at another event involving the governors. She was on television. She was able to leverage her Rolodex of very impressive leaders in Washington itself. She was organizing her teams to actually get out there and interact with us. She dispatched a whole bunch of her members of Parliament down to pair off with their Liberal and NDP colleagues. Quite frankly, it was sterling leadership by example.

I would also like to single out the hon. member for Prince Albert, my opposite number, the critic. We have travelled to the United States many times. I find him knowledgeable, experienced, and once again a true Canadian at heart. It has been a pleasure to work alongside him.

I wonder if the minister would please outline her activities and elaborate on our engagement strategy with the United States at all levels and across all sectors.