Bill C-23 (Historical)

Preclearance Act, 2016

An Act respecting the preclearance of persons and goods in Canada and the United States

This enactment implements the Agreement on Land, Rail, Marine, and Air Transport Preclearance between the Government of Canada and the Government of the United States of America (the Agreement), done at Washington on March 16, 2015, to provide for the preclearance in each country of travellers and goods bound for the other country.
Part 1 of the enactment authorizes United States preclearance officers to conduct preclearance in Canada of travellers and goods bound for the United States and, among other things, it
(a) authorizes a federal Minister to designate preclearance areas and preclearance perimeters in Canada, in which preclearance may take place;
(b) provides United States preclearance officers with powers to facilitate preclearance;
(c) establishes that the exercise of any power and performance of any duty or function by a United States preclearance officer is subject to Canadian law, including the Canadian Charter of Rights and Freedoms, the Canadian Bill of Rights and the Canadian Human Rights Act;
(d) authorizes Canadian police officers and the officers of the Canada Border Services Agency to assist United States preclearance officers in the exercise of their powers and performance of their duties and functions;
(e) allows a traveller bound for the United States to withdraw from the preclearance process, unless the traveller is detained under Part 1; and
(f) limits the ability to request the extradition or provisional arrest of a current or former United States preclearance officer.
Part 2 of the enactment provides for the preclearance in the United States, by Canadian officers, of travellers and goods bound for Canada. Among other things, Part 2
(a) specifies how the Immigration and Refugee Protection Act will apply to travellers bound for Canada who are in preclearance areas and preclearance perimeters in the United States, and extends the application of other Canadian legislation that relates to the entry of persons and importation of goods into Canada to those preclearance areas and preclearance perimeters;
(b) authorizes the Governor in Council to make regulations adapting, restricting or excluding the application of provisions of the Immigration and Refugee Protection Act and that other Canadian legislation in preclearance areas and preclearance perimeters;
(c) prevents, as required under the Agreement, the exercise of powers of Canadian officers under Canadian law with respect to questioning or interrogation, examination, search, seizure, forfeiture, detention and arrest in preclearance areas and preclearance perimeters, as similar powers will be conferred under the laws of the United States on Canadian officers; 
(d) allows a traveller bound for Canada to withdraw from the preclearance process, unless the traveller is detained under the laws of the United States;
(e) deems an act or omission committed in a preclearance area or preclearance perimeter to be committed in Canada, if the act or omission would constitute, in Canada, an offence relating to the entry of persons or importation of goods into Canada; and
(f) grants the Attorney General of Canada the exclusive authority to commence and conduct a prosecution of a Canadian officer with respect to an act or omission committed in the United States.
Part 3 of the enactment makes related amendments to the Criminal Code to provide United States preclearance officers with an exemption from criminal liability under the Criminal Code and the Firearms Act with respect to the carriage of firearms and other regulated items. It also amends the Criminal Code to provide for a stay of proceedings against a United States preclearance officer when the Government of the United States provides notice under paragraph 14 of Article X of the Agreement.
Part 3.‍1 of the enactment provides for an independent review relating to the administration and operation of the Preclearance Act, 2016.
Part 4 of the enactment makes a consequential amendment to the Customs Act, repeals the Preclearance Act and contains the coming-into-force provision.

Preclearance Act, 2016

[Ramesh Sangha, Liberal, Brampton Centre, ON]

Mr. Speaker, I will be splitting my time with the hon. member for Hamilton East—Stoney Creek.

Mr. Speaker, today I am greatly honoured and proud to speak to this august House regarding Bill C-23. The bill will reflect our combined efforts to maintain and develop the success of our Canadian borders. We understand that security and efficiency goes hand in hand in expediting the legitimate transactions across the border regarding trade and travel.

As the proud member of Parliament representing the riding of Brampton Centre, where many businesses are flourishing day by day, I can see the importance of the preclearance act that would allow travellers and cargo to move quickly and safely across the Canada-U.S. border. When this law comes into force, there will be tremendous job opportunities available to Canadians.

The bill would implement the agreement on land, rail, marine, and air transport pre-clearances between the Government of Canada and the government of the United States.

I wish to remind the House that our American friends passed legislation in December 2016, the promoting travel, commerce, and national security act 2016.

As we know, change is a process, but positive change is an initiative. It is my belief that one cannot do the same things and expect to achieve different results. We must be committed to the continuous reviewing of old and existing system, and seek ways to improve. It is our duty to respond to changing conditions in order to compete with the global economic powers.

Our Prime Minister wants Canada to take advantage of opportunities to grow our businesses by strengthening the long-standing friendship and proven successful trading relationship between Canada and the United States.

This government has recognized that in order for our economy to grow and our societies to develop, we must provide the economic and social atmosphere to encourage businesses to thrive.

It is a known fact that in 2015 Canada exported over $400 billion worth of goods and $50 billion in services to the USA. In the tourism industry, 12.5 million overnight travellers accounted for $35.5 billion worth of Canada's GDP and over 600,000 jobs. Every day, 400,000 travellers cross the Canadian-USA border, along with nearly $2.5 billion worth of trade. Yes, it happens on a daily basis. This governments wants those numbers to increase, so we must look at new and different ways to improve.

Canada and the USA have a history of successful pre-clearance operations that goes back more than 60 years. Every year, 12 million passengers benefit from pre-clearance at eight Canadian airports.

The proposed Bill C-23 will expand pre-clearance privileges to new, busy, and evolving airports, such as Jean Lesage airport in Quebec City, Billy Bishop airport in Toronto, Montreal Central Station, and Rocky Mountaineer in British Columbia. This act would further lay out the foundation for future expansion of sites in Canada.

If pre-clearance did not exist, Toronto Pearson International Airport, for example, could not offer direct flights to almost half of its destinations in the USA because those airports do not have customs and immigration services. With pre-clearance services at Pearson airport, travellers will have direct flights to 50 USA destinations, but otherwise it would be limited to a mere 27 if the pre-clearance services are not available.

Numerous benefits will come from the pre-clearance process, such as reduced delays. A recent polling by the Canadian Federation of Independent Business found that 36% of members are sceptical of doing business and would think twice about dealing with U.S.A. clients because of the hassle of getting goods across the border. This is unacceptable. We can do better.

Bill C-23 will be excellent for the small business and tourism industries. It will be good for reducing security risks to Canadians from external threats. Bill C-23 will be beneficial for all Canadian travellers for whom time is of the essence, as they will no longer be wasting time unnecessarily at the border. It will help ensure that citizens of both Canada and the United States will continue to benefit from an open and secure border. It will remove barriers that impede trade opportunities.

Canadian law will continue to be applied within dedicated pre-clearance areas and all pre-clearance operations conducted by U.S.A. officers in Canada would require compliance with Canadian laws, such as the Canadian Charter of Rights and Freedom, and human rights laws.

I know Brampton, the fastest growing city in Canada, will cherish this concept. In my riding of Brampton Centre, thousands of businesses dealing in transportation will be excited to know that this government is looking after their interests. I am sure all Canadian travellers and Canadian business companies will embrace the concept of the pre-clearance process.

As we all know, job creation is the primary stimulus to our economy, and it is our goal to put people to work. Hence I urge every hon. member to support the bill.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, in the course of the debate on Bill C-23, I have not had a chance to reflect on an experience I always find troubling. I do not know how many members have ever taken the train from Montreal to New York, but I love doing it. As the train gets to the U.S. border, the U.S. security guards come on board, and it is very clear racial profiling is going on. They pull people off, and we do not see them again. I find that troubling. That is the way it is if we go to another country, we deal with its security, and the way it handles things, but not on Canadian soil.

This is a big difference. When we have pre-clearance on Canadian soil, we want to ensure that no one is subjected to unwarranted harassment, questioning, strip searches, or detention for further questioning. I am very concerned that Bill C-23 does not protect those who are vulnerable. I am quite certain that an older couple that looks prosperous would have no trouble going through pre-clearance. However, I worry about the marginalized, people of colour, the LGBTQ community members, people with political views, and young people who appear to be going to a demonstration.

Is the Liberal government open to amendments on Bill C-23?

[Ramesh Sangha, Liberal, Brampton Centre, ON]

Mr. Speaker, we all know we have to go through clearance either before the border crossing or after we arrive in another country. However, if a pre-clearance is done before we cross the border and the authorities check everything they are required to, that will save time and will benefit every individual going through the system.

I also want to emphasize further that any officers who would do the pre-clearances here would follow the laws of our country. They will not be allowed to go beyond the Canadian Charter of Rights and Freedom, and our human rights laws.

[Ginette Petitpas Taylor, Liberal, Parliamentary Secretary to the Minister of Finance]

Mr. Speaker, I thank my hon. colleague for his speech and comments today.

Could he tell us more about the economic and social benefits that Bill C-23 could have for our country?

[Ramesh Sangha, Liberal, Brampton Centre, ON]

Mr. Speaker, when Bill C-23 passes, it will provide tremendous job opportunities to everyone in Canada. Not only that, but it will be excellent for all small businesses and tourism. It will be better for those whose time is of great essence. If they want to get rid of having to get in the queue, they can simply use their time for other purposes.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Mr. Speaker, many individuals travel abroad. When some of them arrive, they are told they will not be allowed to stay, which means they have to return to Canada. With pre-clearance, before those individuals get on the plane, they are authorized to land and not have to go through immigration and customs at the other end.

Would my colleague reinforce how that is positive thing? Pre-clearance is really about that; getting pre-approved prior to travelling. It does not mean anything more than that.

[Ramesh Sangha, Liberal, Brampton Centre, ON]

Mr. Speaker, pre-clearance will benefit those who travel outside of Canada. Pearson airport only has a facility to land. Certain airports in the U.S.A. have customs and immigration services. However, if those services are not available in airports where people will land, they can go through pre-clearance before leaving and can land at U.S. airports as domestic passengers, which will be beneficial to them.

[Bob Bratina, Liberal, Hamilton East—Stoney Creek, ON]

Mr. Speaker, I am pleased to address this topic.

Going back to an earlier comment by my colleague across the way, I regularly take the train to New York, but I do not take it from Canada because there is up to two hours of delay at the border with the Toronto to New York service. I drew this comment from the TripAdvisor website that says, “expect a 2 hour delay each way.... You cannot get off the train and you can't use any electronic devices while the customs inspection is taking place. On the way back, we went through it twice: once on the American side and again on the Canadian side.”

This is in an era when people are travelling from London to Paris in two hours. High-speed rail is certainly something that is being considered. Can members imagine a Toronto to New York high-speed train, which one could expect to be about four hours with that kind of equipment, but with a delay of two hours while the customs inspection goes on at the border? This is not a 21st-century attitude.

This year, we marked the 170th anniversary of the Oregon Treaty, which is the agreement between the United States and Great Britain that established the 49th parallel as the boundary between the United States and what would soon be known as Canada. Somewhat later, in 1903, an international tribunal resolved a long-standing dispute in the north on where to draw the border between Canada and Alaska. These two agreements have not only helped to define our physical borders, but they have also helped to write the story of our historic friendship and alliance between our two nations.

In a world where national borders have at times led to conflict and political strife, Canada and the United States have built a relationship that is co-operative, economically prosperous, and one of the most safe and secure in the world. This relationship has been built and strengthened by ordinary Canadians and ordinary Americans, as well as by political leaders in both countries of all political stripes.

I would put into contrast an old black-and-white movie from the 1940s called Night Train To Trieste. It went all through Europe on the Orient Express, and the train did not stop. Here we are with two-hour delays at the border between, I would argue, the two friendliest neighbouring countries perhaps in the world; whereas in a place where people were at war in living memory, they were flying across the borders nonstop.

Our shared goals of providing peace, security, and opportunity for our citizens have helped shape who we are and given us a robust foundation on which to build a strong and prosperous future. Among the key issues regularly discussed between our two countries are border travel and security measures, as we continually look for safe ways to make travel and trade easier and more efficient.

Finding ways to reduce delays at our border with the United States and encourage trade and travel are critical. It is because of the integration of the North American economy and the volume of trade that the border handles daily, which is more than $2 billion a day, as has been mentioned, that effective management is essential to the health of both of our country's economies. It is in everyone's best interest to safely keep business flowing and our borders open to the legitimate movement of goods and people. This is the goal of initiatives like pre-clearance and why it is essential that we move ahead with this legislation. Once the bill is passed, it will provide the legal framework to govern potential expanded pre-clearance in both Canada and the United States in all modes of transportation: land, rail, marine, and air.

It is worth noting again that pre-clearance operations already process 11 million U.S.-bound passengers every year, with some 400 U.S. customs and border protection officers working at eight Canadian airports. These existing operations reduce wait times and airport congestion, and allow for greater predictability in departure and arrival times. They facilitate the interception of threats at the point of departure, and as the Canadian Chamber of Commerce put it, “greatly improve the competitiveness of North American trade”.

In a world of closely interconnected economies and rapidly changing threats, nations are recognizing that pre-clearance is an effective way to encourage trade and travel while managing threats before they cross borders. The economic spin-offs have been well detailed and well proven through these many decades of pre-clearance operations at Canadian airports. In fact, pre-clearance is a way of both thinning the border for legitimate trade and travel while enhancing security by facilitating the interception of potential threats before they arrive at the border itself.

Expanded pre-clearance is part of a long and successful tradition of Canada and the United States not only doing business together but doing border security together as well.

Canada and America already co-operate on measures like the Canada-U.S. integrated border enforcement teams, IBETs, multi-agency law enforcement teams that target cross-border criminal activity; the shiprider program in which specially trained and designated RCMP and U.S. Coast Guard officers jointly crew marine vessels and operate on both sides of the international boundary line; and, of course, trusted traveller programs like NEXUS, the free and secure trade program, or FAST, and others that help to keep the border secure while encouraging legitimate border traffic.

All of these measures become more critical in an ever-changing, ever-connected global community. These are the benefits that we can realize with pre-clearance.

At the state visit last March in Washington, D.C., Canada and the United States announced an agreement in principle to begin expanding pre-clearance to four new sites: two airports, Jean Lesage in Quebec City, and Billy Bishop in Toronto; and two rail sites, Montréal Central station, and Rocky Mountaineer in Vancouver. Legislation to implement that agreement in the U.S. was adopted by Congress and signed into law in December with bipartisan support, and the bill before us today will implement the agreement in Canada.

Importantly, Bill C-23 establishes a framework that could one day govern pre-clearance at ports of entry beyond those that were the subject of last spring's agreement in principle. It could also cover other modes of transport as well as pre-clearance of cargo, and it could see Canadian border officers conducting pre-clearance operations in the U.S. for the first time.

All of this is good for travellers, good for businesses, and good for security on both sides of the border. I urge all members to support Bill C-23 and ensure its swift passage. That will enable me to take the train from Toronto to New York without stopping at the Niagara frontier.

[Cheryl Hardcastle, NDP, Windsor—Tecumseh, ON]

Mr. Speaker, it is very alarming to sit on this side today and hear the lack of understanding about Bill C-23.

I live in a border community. People in my community have family members on the other side. People in my community, on a daily basis, have to commute for work. I understand about pre-clearance. It is working. It exists today. We have pre-clearance. We have a pre-clearance arrangement.

Bill C-23 is about adding additional powers to our U.S. counterparts on Canadian soil. Canadian immigration lawyers are warning us that without amending aspects of this bill, it will be excessive powers.

Do you agree that there will need to be amendments to this bill to ensure that Canadians have rights on Canadian soil when being questioned by U.S. counterparts in customs?

[The Assistant Deputy Speaker, Liberal, Anthony Rota]

I am that sure that the hon. member wanted the opinion of the member for Hamilton East—Stoney Creek not me, so I will pass it on to him.

[Bob Bratina, Liberal, Hamilton East—Stoney Creek, ON]

Mr. Speaker, would you care to weigh in on the subject?

I want to assure my colleagues on the other side of the House that the government is fully aware of the concerns of all Canadians and North Americans about security issues. We would not allow legislation to go forward that would add to any threats or any concerns about people travelling between the two countries.

I am confident that the legislation that is before us contemplates all the potential problems and will be an effective measure to expedite and improve the travel of people and goods between the United States and Canada.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, I think I have found another train advocate in this place, the member for Hamilton East—Stoney Creek. I am very pleased to see that.

I agree that pre-clearance before boarding in Montreal or Toronto or Penn Station would be absolutely fantastic. I am not opposed to pre-clearance.

I am opposed to Bill C-23 as it currently stands, because I have yet to hear a single explanation from the government benches as to why we should agree to give U.S. border security guards additional powers that they do not currently have when we go through pre-clearance, for instance, here in Ottawa. I recently went to Washington, D.C. and did my pre-clearance in Ottawa. It all makes good sense. However, why would we give U.S. agents new powers when operating on Canadian soil?

[Bob Bratina, Liberal, Hamilton East—Stoney Creek, ON]

Mr. Speaker, in reviewing the current legislation, obviously it will always involve changes in different approaches to how those security clearances take place. In the interests of both Canadian and American officials, we want to have a harmonized bill that satisfies the needs of both countries. Therefore, I am confident that what we have before us does that in a fair and effective way.

[Randall Garrison, NDP, Esquimalt—Saanich—Sooke, BC]

Mr. Speaker, the point the members on the other side seem to be missing is that pre-clearance works just fine without these new powers for the American officials to use in Canada. These would include carrying firearms, detention, and conducting strip searches.

Why on earth do we need to add new powers in order to keep pre-clearance operating? There seems to be no justification for that, other than it must have been the price the U.S. demanded for the expanded agreement.

[Bob Bratina, Liberal, Hamilton East—Stoney Creek, ON]

Mr. Speaker, whatever legislation existed in the past, we are in a brave new world. We have different situations. I would suggest members get a newspaper or watch the news. The world is a different world than the one I grew up in and the one when the Sleeping Car to Trieste took place in 1948. We need to review, improve and enhance the approaches that have been taken. I believe the bill before us will do that in a way that Canadians would accept.