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.

[J.P. Lewis]

I think the amendments that we were made to Bill C-23 gave it some clarity, but there is still some ambiguity around what the role of the Chief Electoral Officer should be, so you could strengthen language in that way. The research was showing that it wasn't just Elections Canada having to do it on its own. Sixty-four per cent of the civic education policy groups shared information or data with another organization within that policy community; 50% did joint research, with one NGO or government agency working together; and 20% shared personnel. It's a strong community there. I'm sure you maybe heard from some of the NGOs that it's about resources and things like that.

I think maybe it's just a matter of emboldening and clarifying to whoever the next CEO is that they can play that role. Then it comes back to this big question—and I mentioned it briefly and maybe it was during my fast-talking—of how versus why. That's where the debate is.

It's very normal with regard to the how. That's directions to where you vote, how to make an X, and things like that. It's more contentious around the issue of why one should vote. We see evidence of that. I've also done a survey of what you would find on election agencies' websites. You find tools for educators and things like that. That would kind of encourage voting.

I think if there is a new electoral system, those questions become a lot closer, because not only do you have to explain.... This is actually an interesting experiment right now, for people who haven't read about Mr. Elbert's new electoral system, to watch people trying to follow along a new system as we're sitting here.

I think the committee really needs to take into consideration that this will have to be explained to the Canadian public, and it will also have to be justified and given legitimacy.

[The Chair, Liberal, Rob Oliphant]

Committee, I know you'll be very pleased that we're going to get right to questioning. The opening statement was done by the minister, and we now have witnesses here.

Mr. Brown from the department is still here. He is now joined by Ms. Beauregard.

Monsieur Coulombe, from CSIS, welcome again.

Mr. Paulson, it's nice to see you back.

Thank you for taking the time to join us.

As you know, we are beginning a fairly large study of the national security framework. This is not a legislative study. It is a study by parliamentarians on the whole framework, which we hope will help to advise the minister as he considers both policy and legislative changes in the coming year. That is the nature of our work. We're not dealing with any legislation in particular. We will be dealing with Bill C-22, now that it has been referred to us. If Bill C-21 and Bill C-23 pass in the House, we expect they will also come to us. This is really very much at the theoretical level of what we as parliamentarians need to be advising the minister on, having listened to the agencies and Canadians.

Welcome, Ms. Khalid. We're glad to have you and Ms. Petitpas Taylor as well. Thank you for joining us.

We're going to begin this round of seven-minute questions with Ms. Damoff.

Public Safety

[Erin O'Toole, Conservative, Durham, ON]

Mr. Speaker, thousands of Canadians have their mobility rights and livelihoods threatened because of the potential ban from entering the U.S. if they admit to ever having used marijuana, a drug the Liberals are now making legal.

The Minister of Public Safety and Emergency Preparedness totally missed the mark. He just concluded a customs pre-clearance agreement with the United States that failed to address this issue. That is a huge mistake.

Will the minister withdraw Bill C-23 and renegotiate an agreement with the U.S. on pre-clearance that actually protects Canadians?

Preclearance Act, 2016

[Stéphane Dion, Liberal, Saint-Laurent, QC]

moved for leave to introduce Bill C-23, an act respecting the preclearance of persons and goods in Canada and the United States.

(Motions deemed adopted, bill read the first time and printed)