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.

Customs Act

[Alupa Clarke, Conservative, Beauport—Limoilou, QC]

Mr. Speaker, earlier the member pointed out a certain contradiction in the Liberals' approach to border security. My colleague said that the aim of bill C-21 was to protect the safety of Canadians without impeding the flow of trade. However, he also mentioned that the budget for border security had been cut. I would like to know more about these budget cuts and about the border crossings that have been closed.

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

Mr. Speaker, during the Conservative government's last term in office, 1,200 border services jobs were eliminated. What is more, from 2013 to 2015, border services received incomplete information regarding passengers on over 3,000 flights. We will come back to those cuts and the impact that they have had on national security, given the Conservatives' hypocrisy on this issue.

I want to talk about Bill C-21, which is now before us. Obviously, the Conservatives' track record on privacy leaves much to be desired, particularly considering the passage of Bill C-51 and all of the resulting privacy breaches that occurred as a result of information sharing.

I would like to know how my colleague can support an initiative that will make it possible to share more information with the United States government, when the current President has signed an order under which American privacy laws no longer apply to non-U.S. citizens. It will be difficult to move forward with this bill given Canadians' current lack of confidence in the information-sharing system established by the Conservative government and the fact that the proper safeguards are not in place.

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

That is right.

I asked my staff to call the office of the Minister of Public Safety to get some information about that decision. We have yet to get a response. I understand that he was on vacation, so I expect to get a response fairly quickly now.

This is 2017, and the world is becoming increasingly unstable. This is certainly not the time to be making cuts to the Canada Border Services Agency and chipping away at our border controls. I have a number of questions about that, and these are things we will be discussing, so I would appreciate the people opposite paying close attention. What are their thoughts on everything that happened with illegal migrants this summer? On the one hand, here they are with a very positive bill, but on the other, they are cutting services. Earth to the Liberals.

I should add that we did not get this information from the minister's office or through official channels. People in Oshawa and Barrie called our office to ask why those offices were closed. That just does not work. We know where the criminals go. People who want to smuggle drugs and other stuff go through small airports in small towns. They do not go through Toronto or Montreal airports with their cargo. They use small airports, which is why it makes no sense to cut border services in small airports.

Honestly, what I am afraid to ask the minister today is whether we can expect other budget cuts that will affect Canadians' security. Are we going to be seeing even bigger cuts to organizations responsible for ensuring the security of Canadians as they go about their day-to-day lives? Will Canadians have even more reason to be concerned about their security? Will these agencies have to do even more work with less money, which will put more pressure on the front-line men and women? Is the minister planning other nationwide cuts?

We have already said that the Prime Minister was big on selfies and soft on crime. He is building on that reputation. Under his watch, our border agents and law enforcement officers have been sent two different messages. The first message is that they have to guard our border as if their lives depended on it. The second message is that guarding the border is overrated, that the CBSA agents and the RCMP should relax a little and allow the world to enter Canada unchecked.

We are definitely going to support Bill C-21. We must enhance security, not reduce it. In my riding and in all the beautiful regions in Canada, Canadians deserve the best security service possible. I feel very strongly about that. It is why I am here.

Like the Minister of Public Safety and Emergency Preparedness, I take my mandate very seriously. We must work more closely together to ensure that terrorists, organized crime, and those who cheat our immigration system cannot continue unimpeded.

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

Mr. Speaker, it is with great pleasure that I stand in the House today to speak to Bill C-21, an act to amend the Customs Act.

Before I go any further, I would like to once again thank the leader of the Conservative Party for appointing me to his shadow cabinet as critic for public safety and emergency preparedness. I look forward to working with our leader, my cabinet colleagues, and our entire caucus so as to ensure that the concerns of all stakeholders within the public safety and emergency preparedness portfolio are heard and addressed.

I also hope to work productively with the Minister of Public Safety and Emergency Preparedness. I am very pleased that we can begin today by discussing a bill that we believe is a step in the right direction for Canada's public safety.

One of the major stakeholders in public safety is the Canada Border Services Agency. This is an agency, as I will explain later, that will be directly affected by the bill we are discussing today.

CBSA employs nearly 14,000 individuals, including 6,500 uniformed CBSA officers who provide services at approximately 1,200 points across Canada and at 39 international locations. While most Canadians will be familiar with this agency from the interactions they have with its officers at the border crossings on land, air, and sea, they may not know just how busy this agency really is.

The CBSA's responsibilities include detaining those people who may pose a threat to Canada and removing people who are inadmissible to Canada, including those involved in terrorism, organized crime, war crimes or crimes against humanity. The CBSA also stops illegal goods from entering the country, and protects food safety, and plant and animal health.

I want to thank the people at CBSA for the hard work they do every day. I thank them for everything they do and for the work that happens behind the scenes that international travellers are unaware of. We certainly know that the CBSA agents are there working hard to protect us.

Given the state of the world today there is no role more important than to work every day on finding the best ways to enhance public safety for all Canadians.

With terrorism on the rise in many countries around the world, including Canada, unfortunately, the unspeakable crimes involving human trafficking and the pain and suffering of the victims' parents, and organized crime destroying individuals and entire families, we cannot afford to be lax in our efforts to keep Canadians safe.

What is human life worth? What lengths should we go to in order to protect our sons and daughters? How far should we go to make our children and families feel safe at home and in their community day and night?

We know that our Constitution affords rights to criminals, but it also provides rights to law-abiding citizens. Can we not balance the two?

I sometimes feel that in dealing with criminals, the rights of law-abiding citizens are taken lightly and justice is not properly served. Recently we saw the current government bend over backwards to provide long-term financial support to a young man who gladly and passionately fought against our allies. The government gave him up to $10 million for his trouble but had very little to say about the soldier's widow or her children.

I raise this point because from time to time, the Prime Minister speaks more passionately about non-Canadians and acts in ways that make every Canadian stop and think to themselves: is this Prime Minister speaking for me or for someone halfway around the world? Who does he really care about?

We agree and share the compassion of many Canadians who follow current events and see the struggles of people in faraway lands. We can never agree, though, that their interests, desires, or even hopes can be placed above the Canadians who fulfilled their duty and elected us to office to come to this place and speak on their behalf. We must remember that we speak on their behalf, so it worries me when we have cases like the recent payout to Mr. Khadr. We find the Prime Minister absent, the details of the payout secret, and Canadians left feeling uncomfortable living out their daily lives knowing that the government has made a criminal wealthy and free to walk the streets of our compassionate country.

I am all for gathering together, as we are today, to talk about bills that will make criminals and smugglers think twice about their activities. I am also strongly in favour of any bill that will make it difficult or even impossible for people to abuse or illegally benefit from our generous benefit programs.

Bill C-21 is part of a broader initiative called beyond the border, which was created in 2011 by our previous Conservative government. It is good to see that the Liberals are following in our footsteps and making this action plan a reality. The action plan includes key areas of co-operation, such as addressing threats early; trade facilitation, economic growth, and jobs; cross-border law enforcement; and critical infrastructure and cyber security, which is very important.

This bill is part of an action plan that seeks to maximize the benefits we derive from our close relationship with the United States. By moving forward with a perimeter-based security approach and by working together both inside and outside the borders of our two countries, we can improve security and expedite the legitimate flow of people, goods, and services between the two countries.

The declaration made in 2011 includes the establishment of an entry-exit system for the two countries. Bill C-21 is an important part of the initiative I just mentioned. To make such an entry-exit system possible, it must include the exchange of relevant entry information by the relevant government so that documented entry into one country serves to verify exit data from the other country.

While at this time the Government of Canada currently collects biographical information about travellers entering Canada, it has no reliable way of knowing when and where travellers leave the country. Bill C-21 would help Canada implement phases 3 and 4 of the entry-exit initiative. It would help Canada and the U.S. exchange basic biographical data on all travellers, including Canadian and American citizens using land ports of entry.

The CBSA already collects biographical exit data on all air travellers leaving Canada by obtaining electronic passenger manifests from air carriers. Such practices are not uncommon around the world. In fact, the Australian government uses movement records to track arrivals and departures at its borders. Movement records may include name, date of birth, gender, relationship status, country of birth, departure and arrival dates, travel document permission, and travel itinerary.

In 1998, the U.K. government ended its collection of paper-based exit controls and in 2004 introduced a more sophisticated approach by collecting advance procedure information for inbound and outbound air passengers. In 2015, the government also introduced embarkation checks, which are to take place at all ports to the U.K. Information collected under this legislation includes passports or travel documents and biographical information.

The Government of New Zealand has a passenger departure card system in place for outbound travellers. Before going through customs, travellers have to fill out a departure card under the country's 2009 immigration legislation. These cards are used to collect information such as a passenger's travel itinerary, nationality, passport information, date of birth, occupation, country of birth, and current address.

Since 2008, the United States has been requiring air and marine carriers to provide border police with an electronic list of all passengers and crew members before any international flight or departure under the advance passenger information system. This information must be provided before departure so that the manifests can be compared to the terrorist watch list and the information can be added to the data base.

The bill we are looking at today, which I am proud to say was originally introduced by the Conservatives, is first and foremost aimed at combatting terrorism. That is why we must not oppose it. We believe this bill will build on the good work we have already started with our American partners.

That being said, I must ask the minister to clarify one thing. Over the past year, a troubling trend has emerged. We are seeing more and more people entering Canada through unofficial crossing points, coming through fields or forests, in the depths of winter and the height of summer, steering clear of Canada's official ports of entry. We therefore welcome this bill for what it will do to strengthen border security. The border is not just a single crossing with a lineup of people waiting; it stretches from one end of the country to the other.

Our concern is that other topics like unofficial ports of entry are also relevant to our discussion today. Although this government is implementing some excellent border security initiatives that originated under the Conservative government, it does not seem to care about securing the border between official ports of entry.

I hope the minister plans to clarify this contradiction, not only for us in the House, but also for the men and women who work for CBSA and the RCMP. We have always known that the Prime Minister was not too concerned about the danger posed by criminals, and now he appears even less worried. The Prime Minister recently ordered budget cuts at the Canada Border Services Agency, and did so very quietly. On the one hand, the Liberals talk about increasing security, but on the other, the Prime Minister quietly orders budget cuts.

I recently received a call at my office from a woman who told me that CBSA services at the Oshawa airport and at the commercial office in Barrie have been completely eliminated. The Liberals are just talking out of both sides of their mouths. On the one hand, they say they are here for Canadians, but on the other hand, they make cuts.

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

Mr. Speaker, we have systems in place that collect and provide that information with respect to foreign nationals and permanent residents. However, the legal authority has never existed to collect and make use of that information with respect to Canadian citizens. That is the critical change involved in Bill C-21 for everyone leaving the country. We have the information on foreign nationals. We have the information on permanent residents. However, we do not have that information with respect to Canadian citizens. By changing the Customs Act, we will give ourselves the legal authority to collect that data and ensure the picture is complete with respect to all persons leaving the country.

It is a bit ironic that we have forever collected the data with respect to people coming into the country but never leaving the country. Many people have observed that as a major gap in border security, which needs to be fixed. I hope the House can move quickly in order to get it done.

[Randy Hoback, Conservative, Prince Albert, SK]

Mr. Speaker, first, I want to pass on my condolences to members across the aisle on Mr. Chan's passing. It is a great loss, and we feel their pain.

Bill C-21 is legislation that we can all support. It would modernize our border. It would allow the free flow of goods back and forth even more effectively. If we could even move beyond this into some new type of agreement with the U.S. so we could even speed up the crossing of commercial goods across the border, that would be positive too.

What people in Saskatchewan really want to know from the minister, and it is a very important and simple question, is with respect to the proposed tax changes coming down the pipe, which are going to affect farm families and make it impossible for a family farm to pass on to the next generation. Where does he stand on these proposed tax changes?

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

Mr. Speaker, I thank the minister for his speech.

Some of the most egregious human rights violations Canada has, unfortunately by proxy, been a part of have often had to do with information sharing. One particular case, the most infamous, is the Maher Arar case. When we look at Bill C-21, the minister might say that it is only what is on page 2 of one's passport. What he is forgetting to talk about is the fact that this information is then being handed over to the U.S. government in a context where executive orders have been adopted, removing privacy protections from the information that is not of an American citizen.

I want to understand why the minister thinks we can start sharing exit information with our American counterparts in that context, especially given some of the discrimination that has been going on at the border lately.

[Ralph Goodale, Liberal, Minister of Public Safety and Emergency Preparedness]

moved that Bill C-21, An Act to amend the Customs Act, be read the second time and referred to a committee.

Mr. Speaker, may I begin by welcoming you and and all other members back to the House of Commons to our business on behalf of Canadians.

Reflecting on the announcements that you just made at the opening of this session, members will obviously see behind me the vacant desk that was formerly occupied by the member for Scarborough—Agincourt, adorned today with flowers in his memory. We all think very fondly of our friend and colleague who passed so suddenly just a few days ago. We all share the grief of his loss.

However, if there is one bit of advice that Arnold Chan would give this House, it would be to proceed with the public business of Canada and to do so with substance, civility, and strength. We will all strive to do that in his memory.

Today we are beginning this fall sitting of the House with a debate on Bill C-21, legislation that will amend the Customs Act to enable the collection of certain basic exit information when someone crosses the border to leave our country. This bill will close a gap in our security and administrative framework by giving a clearer picture of who is actually exiting Canada at any given moment in time so that we can better ensure the efficient movement of legitimate trade and travel and keep our border secure.

Every day, around 400,000 people and $2.5 billion in bilateral trade cross the Canada-U.S. border in both directions. We and our American counterparts have frequently reiterated our shared commitment to creating an even safer border that promotes even greater prosperity, two goals that go hand in hand. The bill before us today is a big step toward achieving those goals.

It would likely come as a surprise to most Canadians that basic exit information is not collected already. We do, of course, take careful note of people arriving in Canada, but until now, we have only collected exit data on foreign nationals and permanent residents leaving the country. By contrast, most other countries keep track of who leaves as well as who arrives. We need to address this security loophole and in effect catch up to the rest of the world.

The exit information that will be collected is brief, basic, and unobtrusive. It is the name, nationality, date of birth, gender, and the issuing authority of the travel document—in other words, nothing more than what is found in the normal course on page 2 of one's passport, along with, of course, the time and the place of one's departure. This information will be gathered without imposing any new requirements on the travelling public.

When a person leaves Canada by land, they will, as usual, show their passport to a U.S. border officer and the U.S. will automatically send the information on page 2 back to Canada. For those leaving by air, air carriers will collect the basic passport data from passenger manifests and provide it to the Canada Border Services Agency before departure.

As a result, Canadian authorities will be better able to manage our border, combat cross-border crime, respond to national security threats, prevent the illegal export of controlled goods, ensure the integrity of our immigration system, and protect taxpayer dollars against the abuse of certain government programs.

As an example of how the bill would help with police investigations, take the case of Amber Alerts. When an alert is issued, the RCMP would ask the Canada Border Services Agency to create a lookout for the missing child or for a suspected abductor.

If information relayed to CBSA by U.S. border officials matched that lookout, CBSA would alert the RCMP that the person had left the country. The RCMP could then coordinate with its American counterparts to locate the child and apprehend the offender, knowing precisely when and where they left Canada. If the lookout matched someone on the passenger manifest of an imminent outbound flight, police could intercept the abductor at the airport and rescue the child before departure.

This is also useful retrospectively if an abductor has taken a child out of the country. For example, if a child is discovered missing in the afternoon and the exit data show that the child crossed into Vermont that morning, that is obviously extremely helpful for investigators in both countries as they work together to bring the child home safely and to apprehend the abductor.

The same principle would apply in the case of known high-risk travellers, such as fugitives from justice or radicalized individuals. Combatting the phenomenon of Canadians participating in terrorist activities abroad is a key priority for our government and, I am sure, for Parliament. The collection of basic exit information would be an important new tool for our national security agencies in this regard.

It would also be useful in Canada's efforts to combat human trafficking. It could help police determine the location of a suspect or a victim of human trafficking. It could help determine the travel patterns of suspects or victims, which in turn makes it easier to identify human smuggler destinations or implicated criminal organizations, and it could help police to identify other suspects or victims by learning who is travelling with the individual in question. All of this information is invaluable not only for the advancement of human-trafficking investigations but also later in the criminal justice process in support of ensuing prosecutions.

Bill C-21 would also help immigration officials to make better-informed decisions and better use of their resources. With access to reliable exit data, immigration officials would be able to base their decisions on a more complete and accurate picture of an applicant's travel history. When conducting investigations, they would be able to prioritize activities and resources by focusing on people who are actually still in Canada rather than wasting time looking for someone who has already left.

Bill C-21 would also help to protect taxpayer dollars by reducing fraud and abuse of certain federal programs with residency requirements. By establishing when people leave Canada, we would be able to better determine who is and who is not eligible for certain benefits. Of course, when people are entitled to benefits based on their residence in Canada, those benefits are properly and generously provided by Canadian taxpayers, but eligibility criteria exist for a reason, and Canadians expect the government to administer these programs accurately.

Let me be clear: people collecting benefits in accordance with the law would not be affected in any way. People currently receiving old age security would not be affected, because once they have 20 years in residence in Canada as an adult, their OAS is fully portable wherever they may choose to live in their golden years. Medicare eligibility would also not be affected, because the exit information that we're talking about today would only be used in the administration of federal programs, and the administration of medicare is at the provincial level. However, by helping to identify fraud and abuse, Bill C-21 would help ensure the integrity of benefit programs and the responsible use of taxpayer dollars.

The bill also includes measures to strengthen the ability of the Canada Border Services Agency to deal with smuggling and the illegal movement of goods out of Canada. Hon. members may well remember that the Auditor General published a report in the fall of 2015 finding that improvements were needed to combat the unlawful export of controlled goods or dangerous goods, including illegal drugs and stolen property.

Bill C-21 would help address that situation, as identified by the Auditor General, by providing CBSA with authorities regarding the export of goods similar to the authorities that already exist with respect to imports.

As with any measure that involves the collection and sharing of information, privacy considerations must be paramount. Our government takes this very seriously. We have an obligation to protect the privacy of Canadians, and privacy protections have been built into the core of this initiative, as reflected in Bill C-21.

To begin with, the government has engaged proactively on this matter with the Office of the Privacy Commissioner, and we will continue to do so. Privacy impact assessments have already been completed for the current and previous phases of implementation, involving the collection of basic exit data for non-citizens. Summaries of those assessments are available on CBSA's website. An additional assessment will be done once this new legislative framework is enacted and put into place. We will ensure that we protect the privacy of Canadians.

It is important to note that before any information can be shared between CBSA and any other federal agency or department, a formal information-sharing arrangement must be established. Such an arrangement would include information management safeguards and privacy protection clauses.

The exchange of information with the United States would likewise be subject to a formal agreement to establish a framework governing the use of the information and to set up the mechanisms necessary to address any problem that might arise.

At all times, exit information would only be disclosed in accordance with Canadian law and CBSA employees would continue to receive training to ensure they would be aware of their privacy responsibilities with respect to accessing and disclosing personal information.

Crucially, as I said before, the only information we are talking about in Bill C-21 are the basic facts, as laid out on page 2 of one's passport, which, of course, is the document one hands to the foreign border service officer whenever one seeks to enter another country. It is that basic information that would be transferred back to Canada so Canadian authorities would know when a person left the country. It is nothing more than that.

As I mentioned at the outset, our government is committed to ensuring the efficient flow of trade and travel essential to our country's prosperity, while keeping our border secure at the same time. It is in furtherance of this dual objective that I introduce Bill C-21. I look forward to the constructive engagement of all hon. members as we discuss the bill in the chamber and then proceed to consider it in further detail in committee.

I thank members for their attention. My only regret today is my friend Arnold Chan is not here to participate in this debate.

Foreign Affairs, Trade and Development—Main Estimates, 2016-17

[Andrew Leslie, Liberal, Parliamentary 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.

[David Morrison]

Sure. I'm joined today by my colleagues Martin Moen, the director general for North America and investment at Global Affairs Canada, and by Heidi Hulan, the director general of the international security policy bureau.

I'll make the opening statement touching on many of the issues that I think you are looking at. We were given a list of nine wider issue areas. Then my colleagues and I would be very happy to answer questions.

By way of preamble, I was going to say that working with parliamentarians is a critical feature of Global Affairs Canada's outreach strategy in engaging the Trump administration. In fact, the Canada-U.S. Inter-Parliamentary Group has been down in Washington, and the embassy there has been hosting a wide range of parliamentarians individually and in groups as we seek to forge new relations with the Trump administration. We believe that a cross-party, non-partisan approach is the best way to have an impact on American decision-makers and opinion leaders.

The first question in your study is about the overall priorities in Canada's relationship with the United States under the Trump administration. In a certain sense, this was the subject of the Prime Minister's visit to Washington, D.C., on February 13.

The priorities are set out in the joint statement, which is a roadmap for future cooperation between our two countries. It includes five areas of focus, each with concrete commitments. I’ll give you some examples.

The first example concerns the growth of our economies.

When it comes to regulatory cooperation, the Treasury Board Secretariat is leading an ongoing dialogue with senior American government officials. The goal is for the officials to reaffirm the support of the new American administration for the efforts to continue the work and advance regulatory cooperation and alignment opportunities across key economic sectors.

Minister Brison has met with his American counterpart in Washington, and both parties are keen to push this agenda forward.

Another point mentioned in terms of growing our economies was the Gordie Howe International Bridge. This project is under way, and the winner of the call for proposals for the public-private partnership will be chosen in the spring of 2018.

The second area in terms of growing the economies was on promoting energy security and the environment. On energy security, as we know, the KXL pipeline has now received its presidential permit, and several other projects, either pipelines or electricity transmission lines, are at different stages of review in the U.S. process.

Another area mentioned was air and water quality. Environment and Climate Change Canada is working closely with the U.S., and broad co-operation continues on air and water.

Another area highlighted was keeping our borders secure. Part of this is the entry-exit question. Bill C-21 has been tabled and implementation is expected by 2018.

On pre-clearance, Bill C-23 is at second reading and is shortly going to committee. Implementation is still to be determined and we are now also actively exploring with the U.S. how to do joint pre-inspection for cargo.

Another area was working together as allies in the world's hot spots. NORAD was mentioned specifically. The next steps in modernization of NORAD will be tied to the government's defence policy review, which I believe will be coming out shortly.

On Daesh, Minister Freeland attended a Global Coalition against Daesh meeting in Washington, D.C., hosted by Secretary Tillerson on March 22. As you know, Canada is a member of the 68-member coalition to degrade and defeat Daesh.

Finally, on growing our economies, there was the establishment of the Canada-U.S. Council for Advancement of Women Entrepreneurs and Business Leaders. This 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 to further contribute to overall economic growth and competitiveness.

Let me now say a word about the government's overall engagement strategy with the new U.S. administration and the new U.S. Congress, as well as at the state level.

On January 20, the Government of Canada, provinces and territories embarked on an ambitious whole-of-Canada strategy of engagement and outreach toward the United States. This includes not only the Prime Minister's official visit to Washington in February, but also numerous visits, meetings and other exchanges between senior Canadian government officials and their American counterparts, as well as with political leaders at both national and state levels.

The Prime Minister, cabinet members, parliamentary secretaries, premiers, provincial and territorial ministers, parliamentary committees and other parliamentarians have completed over 70 visits, of which 40 were by 18 cabinet members and three parliamentary secretaries. These figures will continue to grow as senior Canadian government officials embark on outreach to the United States in the coming months.

Our strategy has been to engage with as wide a spectrum of interlocutors as possible from across the United States. We've developed an 11-state outreach program for cabinet ministers. Our goal is to bring our message to parts of the United States that often don't get national-level attention but are nonetheless critical to the success of Canada-U.S. relations.

Let me now turn to some of the pressing commercial issues. Given the administration's “America first” approach, several commercial issues have received media attention recently. We would like to provide you with an update on some of the key files.

On NAFTA, the U.S. administration has clearly noted its intention to renegotiate the agreement, but it has not yet notified Congress accordingly. Canada is open to discussing improvements to NAFTA that will benefit all three NAFTA parties but has not discussed the scope or objectives of any renegotiation. Should these negotiations take place, Canada will be prepared to discuss improvements to the agreement at the appropriate time, as the government has stated. Advocacy efforts are also under way in the U.S. to emphasize the importance of the Canadian market to U.S. exporters, and officials are working with provinces and Canadian businesses to coordinate messaging.

On softwood lumber, Canada continues to believe that it is in both countries' best interests to negotiate a new softwood lumber agreement. Minister Freeland and Ambassador MacNaughton are laying the groundwork with our American counterparts for the eventual restart of negotiations. Canadian negotiators stand ready to re-engage as soon as the United States is ready to do so.

While Canada is committed to negotiating a new softwood lumber agreement, we will not accept a deal at any cost. We want an agreement that is in the best interests of our industry. Also, although we would prefer a quick resolution to this dispute, the Government of Canada is also prepared to defend the interests of the Canadian softwood lumber industry, including through litigation at the WTO or under NAFTA, as appropriate.

Let me touch now on the border adjustment tax.

The concept is currently being contemplated by Republicans in the House of Representatives. We think the measure would be bad for both countries. It would impose extra costs on American companies and disrupt trade at our border. The government, through the Prime Minister, has been raising concerns and soliciting views from a range of stakeholders in the United States, notably in the business community, to help reinforce these points with members of Congress.

I'll touch briefly now on steel. The commerce department in the United States was asked back in January to develop a plan to ensure that steel for the construction, renovation, and enlargement of pipelines in the U.S would be sourced from within the United States. We are preoccupied with this for two reasons.

The first is that the steel industry in North America is extraordinarily integrated and runs on both sides of the border. The second reason that we are concerned about steel is that this is an attempt to determine procurement that is usually done via the private sector. This is not public procurement; this is the government telling private enterprises from whom they should buy. Those things are usually left to commercial considerations. We have made observations in this regard to the Department of Commerce in the course of its regular consultation process, which is ongoing. As I mentioned, my colleague Martin Moen would be pleased to answer questions on any of these commercial issues.

Let me now turn to trilateral relations, which are also a part of your study.

Canada, the U.S., and Mexico have a long history of collaborating as continental partners in the areas of security, commercial relations and competitiveness, the environment, and other areas. Since 2005 the three countries have been meeting for the North American leaders' summit, which is aimed at advancing common policy objectives in many of the areas I just mentioned. The last such meeting took place in Ottawa last June.

While there are uncertainties about the direction of trilateral co-operation since the election of President Trump, there are at the same time early signs that indicate a number of trilateral commitments from the 2016 North American leaders' summit here in Ottawa will continue. I won't elaborate on them—they have to do with the border, energy security, and regional co-operation—but I'd be happy to answer questions on those trilateral dimensions.

In addition, the annual trilateral energy and defence ministers' meetings are being planned for this spring. There's also been some talk of a trilateral foreign ministers' meeting. These meetings, along with the developments in the renegotiation of NAFTA, will provide us with signals as to the future direction of trilateral co-operation.

I'll now talk about foreign policy cooperation.

The Trump administration came to office with a very forthright “America First” approach to foreign policy. This approach overtly places the United States and its interests at the forefront. The approach focuses on economic nationalism, protection of American sovereignty and hard power.

This policy is in distinct contrast with the policies of both Democratic and Republican administrations that have led the United States since the Second World War. These policies emphasized American leadership in advancing democracy and human rights, promoting freer trade, building international institutions, and working closely with allies to advance these objectives.

At this point, it isn't clear how the overarching principles of “America First” will translate into day-to-day policies. Furthermore, many of the senior positions in the administration, such as in the State Department, haven't been filled yet. We're in a very early phase.

Intervening events, such as North Korea's missile test or Syria's use of chemical weapons on civilians, may significantly shape the Trump administration's foreign policy. Canada condemned the chemical weapons attack and fully supported the United States' response.

As I mentioned earlier, my colleague, Heidi Hulan, will be pleased to answer any detailed questions.

Let me end there. I've tried to give you a brief overview of some of the main themes in Canada-U.S. relations right now. We look forward to the committee's deliberations and the eventual report.

We would welcome your questions and comments. Thank you.

[Ihsaan Gardee]

Our organization is also looking at it and reviewing Bill C-23 and Bill C-21. We will be putting together submissions on that.

At the same time, we recognize that the U.S. is a sovereign nation that is able to determine who is or is not able to enter its jurisdiction. At the same time, some of the discriminatory and intrusive treatment that has been reported by Canadians is problematic. We're looking, really, for assurances that the government will go to bat for its citizens. We're calling on the public safety minister to reconsider proposed legislation that would grant further powers to American border officials in questioning and detaining Canadian travellers. This kind of pre-clearance law will erode the rights of travellers, including those of Canadian citizens and permanent residents. The agreement, which was negotiated during the previous American administration, takes on a whole new meaning in this new era.

Canadian Muslims in particular are deeply concerned and anxious about travelling to the U.S. This is troubling, as many Canadian residents have family and work commitments there. This climate threatens to unfairly infringe on their freedom of movement.

[Peter Edelmann]

The Canadian Bar Association is in the process of studying bills C-21 and C-23. We will have some proposals for you once they have been approved. Currently, they are at the revision stage.

We do indeed have concerns with how the measures proposed in those bills will work, as well as with the integration of the borders. Communicating information, co-operation and oversight of our national security agencies are also questions that I brought up previously.

That is precisely what the Arar Commission focused on. Mr. Arar’s experience was actually the result of a complex co-operation problem, specifically with regard to the information that was communicated.

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

Thank you, Mr. Chair.

I apologize to the witnesses and my colleagues for my tardiness. I have no one else I can substitute for me here, so that's a reality I have to deal with.

I would like to ask a question about the border; it goes to both the Canadian Bar Association and the National Council of Canadian Muslims.

Obviously, this subject is very much in the news these days. In general, do you have concerns with the expansion of powers at the border or with the border becoming more integrated, as was mentioned this week? How should we proceed in this situation, particularly in terms of bills C-21 and C-23?

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

To the representatives of ISNA, if I'm not mistaken, not only was Bill C-51 brought up, but also Bill C-21 and Bill C-23.

I'm wondering if you could perhaps expand on that, because we are continuing this push towards a more integrated border with our American neighbours. I'm wondering what concerns you have with those pieces of legislation and with the whole plan in general.

[David McGovern, Deputy National Security Advisor to the Prime Minister, Office of the National Security Advisor to the Prime Minister, Privy Council Office]

Thank you, Madam Chair.

Members of the committee, thank you for inviting me to appear before you today.

My name is David McGovern. I am the deputy national security adviser to the Prime Minister. However, I am here today in my previous role as senior adviser to the Privy Council Office responsible for the border action plan implementation from May 2014 until January 2015, when I was named the deputy national security adviser.

After my appointment, I continued to work on the Beyond the Border initiative while we were transitioning toward the current government.

In the Beyond the Border Action Plan of 2011, over 30 commitments were made to improve security and expedite legitimate movement of people, goods and services across the border.

Canada and the United States have a long-standing history of co-operation along our shared border, recognizing that we are each other's closest ally and most important security and economic partner. Included in this plan were two specific commitments that I wish to draw to your attention to, related to implementation and oversight. Responsibility for ensuring inter-agency coordination rested with the Prime Minister and the President, and their respective officials.

In Canada, this responsibility was led by the special adviser and a specially created small team in the Privy Council Office. This approach was mirrored in the United States, where it was led by a senior official in the National Security Council in the White House. The joint leads established an inter-agency “beyond the border” working group called the executive steering committee, comprising executive heads or associates from relevant departments and agencies that were implicated in the action plan.

The executive steering committee was also tasked with reporting on implementation of the action plan through the publication of an annual joint Canada-U.S. implementation report. Four such joint implementation reports were released. These documents describe progress in meeting the action plan commitments. Like all key beyond the border documents, they are housed on Canadian and U.S. government websites.

The Executive Steering Committee met five times, the last time being in October 2016.

In Canada, the Committee of Deputy Ministers on Borders was established to complement the work of the Executive Steering committee. The committee of deputy ministers was chaired by the special advisor and made up of deputy ministers or associate deputy ministers from Global Affairs Canada, Public Safety Canada, the Canada Border Services Agency, Transport Canada, Immigration, Refugees and Citizenship Canada, Industry Canada, and other departments and agencies as needed.

The committee of deputy ministers was established to discuss implementation issues, report on progress, identify stakeholder concerns, solve problems and, at a later stage, consider issues related to planning for the 2015 transition.

The deputy ministers' borders committee was also supported by a shadow assistant deputy minister steering committee, which was chaired by the border implementation team's assistant secretary. PCO received temporary funding in 2012 through the beyond the border initiative to support a small secretariat. This secretariat has since been wound down throughout 2016.

By the time the election was called in 2015, a large majority of the initiatives had either been completed or were on track. Of the issues that were not yet completed or were experiencing challenges, two were considered key from both a Canadian and a U.S. perspective, namely entry-exit and pre-clearance.

In March 2016, several key deliverables were announced at the Prime Minister Trudeau and President Obama's summit, including co-operation on issues that affect our shared border. The two leaders reinforced their intentions to bring into force the Canada-U.S. agreement on land, rail, marine, and air transport pre-clearance.

Building on more than 60 years of pre-clearance co-operation, the new agreement will further enhance both countries' mutual security and facilitate low-risk cross-border movement in all modes of travel. The two countries also agreed to explore the conditions necessary for cargo pre-clearance and to identify opportunities to pilot this approach. Both countries also committed to fully implement a system to exchange basic biographic entry information at the land border. This builds on the process already in place for third-country nationals, and will allow Canada and the U.S. to enhance border security in an effective and responsible way.

This will be done in a manner that respects our respective constitutional and legal frameworks, and protects our citizens' right to privacy.

The legislative provisions related to entry and exit, in this case Bill C-21, were tabled in the House of Commons on June 15, 2016, and are currently awaiting second reading.

The legislative provisions related to preclearance, in this case Bill C-23, were tabled on June 17, 2016. They are also awaiting second reading. President Obama signed the necessary U.S. legislative provisions for the entry into force of the Pre-clearance Agreement on December 16, 2016.

Canada and the U.S. intend to continue our robust relationship. Prime Minister Trudeau has committed the Canadian government to improving relations with the U.S., and to work to make substantial progress on reducing impediments to trade and commerce between our two countries, including by improving border infrastructure and security, streamlining cargo inspection, and facilitating the movement of people.

Thank you very much. I'd be pleased to answer any questions you may have.