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.

Bill C-23—Time Allocation Motion

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Mr. Speaker, we are talking about time allocation. I hear the minister making some arguments in favour of time allocation in this case, arguments I do not think many members are finding convincing. Of course, many of those same arguments could have applied to other cases of time allocation that were undertaken under the previous government and that this member and others positively railed against as signalling the end of democracy.

I want to ask a very specific question of the minister. Could he articulate what the operating principle is for distinguishing between the kind of time allocation that he thinks is okay and the kind of time allocation that he thinks is not okay? It seems to me that it is a purely partisan filter, but if there is some operating principle, the House would be very interested in hearing it.

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

Mr. Speaker, it is a judgment call in each case about how the debate has been proceeding, whether members have had an opportunity to present themselves and present their cases, how much additional time is necessary to allow a subject matter to be thoroughly ventilated, and what is fair and reasonable in the circumstances.

Given the number of days that have already been devoted to this item of business at second reading, with committee stage, third reading, report stage yet to come, not to mention passage through the Senate, it is a reasonable proposition to say that after one more day, the House should vote at second reading and express itself in principle on the legislation. Then, at committee, we can get into the details and go through the further and subsequent stages, all of which will ensure that members of Parliament have a good and fair opportunity to represent their constituents.

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

Mr. Speaker, I would suggest that, contrary to what the minister said, second reading is much more than simply an opportunity to talk about our principles. It is an opportunity to discuss the concerns and issues raised by Canadians.

I want to come back to the question I asked in my first speech on this matter. The Liberals keep singing the praises of pre-clearance. That is fine, and we recognize the benefits associated with it. However, I have to come back to the original question we have been asking for weeks now, one that the government seems incapable of answering: if the current pre-clearance system is working so well, why do the Liberals feel the need to authorize American officers on Canadian soil to carry firearms and do strip searches without a Canadian officer present, as well as detain and interrogate Canadians and permanent residents who choose to leave the pre-clearance area, because, for example, they consider the questioning unreasonable?

In response to my question, I have heard only economic arguments. We recognize the economic value of this measure. We are already benefiting from this aspect.

Can the minister tell me why, if the current system is working well, he felt the need to grant those officers additional powers in order to go ahead with that agreement?

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

Mr. Speaker, indeed the powers that are involved in Bill C-23 are relatively small in comparison to what exist at the present time. The changes that are contemplated here are not a huge deviation from what already exist.

In the case of firearms, I would point out that the arrangement provided in the agreement and in the legislation is completely and mutually reciprocal. In other words, firearms are permitted on the Canadian side when firearms are permitted on the American side, and vice versa. To give a practical example of that, firearms are carried by CBSA officers at some border points across the country, but they are specifically not carried when those CBSA officers are dealing with passengers inside airline terminals. That is the rule that applies to CBSA. Governed by the principle of reciprocity, that is exactly the same rule that will apply to U.S. officers operating in Canada. They will not carry firearms when they are dealing with passengers inside airline terminals. That is the principle of reciprocity, and it is perfectly mutual in all respects under this legislation.

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Mr. Speaker, I have a brief follow-up to my previous question. I asked the minister what is the operating principle for distinguishing between the kind of time allocation that he thinks is acceptable and the kind that he thinks is not, and effectively he said it is a subjective evaluation of reasonableness under the circumstances.

The way that this process normally works is that the House leaders discuss the time required for the debate. That evaluation of reasonableness is subjective, depending on the circumstances and the issues. However, that happens through a conversation among the parties. It is not just one party, the government alone deciding what it thinks is reasonable, probably much of the time being what is in its interest.

I want to ask the minister if it is about this genuine evaluation of what makes sense under the circumstances, why not work collaboratively with the other House leaders rather than imposing this? Does this not seem a lot like what the Liberals railed against, which was the government making determinations on its own about how much time should be allowed for debate?

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

Mr. Speaker, those discussions about the management of time in the House are discussions that are typically undertaken by the House leaders for the respective political parties. They have a meeting at least once a week where they consider the legislative program going forward over the next couple of weeks, and try, in a reasonable fashion, to share time appropriately and make sure that business can proceed in an orderly fashion, that decisions are allowed to be taken, and votes are held and so forth. It is up the House leaders to manage that time and to make the best use of the time in the Canadian public interest.

Reasonability is something that different House leaders might view differently, depending on their perspective and where they sit in the House. However, in all my time here, which goes right back to 1974, I have never seen a more reasonable House leader than the one who currently sits and represents the Government of Canada in this Parliament.

[The Deputy Speaker, Conservative, Bruce Stanton]

This concludes the 30-minute question period.

It is my duty to interrupt the proceedings and put forthwith the question on the motion now before the House.

The question is on the motion. Is it the pleasure of the House to adopt the motion?

[Some hon. members]

Agreed.

No.

[The Deputy Speaker, Conservative, Bruce Stanton]

All those in favour of the motion will please say yea.

[Some hon. members]

Yea.

[The Deputy Speaker, Conservative, Bruce Stanton]

All those opposed will please say nay.

[Some hon. members]

Nay.

[The Deputy Speaker, Conservative, Bruce Stanton]

In my opinion, the yeas have it.

And five or more members having risen:

Call in the members.

(The House divided on the motion, which was agreed to on the following division:)

Vote #203

Preclearance Act, 2016

[The Speaker, Liberal, Geoff Regan]

I declare the motion carried.

I wish to inform the House that because of the proceedings on the time allocation motion, government orders will be extended by 30 minutes.