Preclearance Act, 2016

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

This bill was last introduced in the 42nd Parliament, 1st Session, which ended in September 2019.

Sponsor

Ralph Goodale  Liberal

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

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.

Elsewhere

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

Votes

June 21, 2017 Passed 3rd reading and adoption of Bill C-23, An Act respecting the preclearance of persons and goods in Canada and the United States
March 6, 2017 Passed That the Bill be now read a second time and referred to the Standing Committee on Public Safety and National Security.
March 6, 2017 Failed That the motion be amended by deleting all the words after the word “That”, and substituting the following: “the House decline to give second reading to Bill C-23, An Act respecting the preclearance of persons and goods in Canada and the United States, because it: ( a) neglects to take into account the climate of uncertainty at the border following the discriminatory policies and executive orders of the Trump Administration; (b) does not address Canadians’ concerns about being interrogated, detained, and turned back at the border based on race, religion, travel history or birthplace as a result of policies that may contravene the Canadian Charter of Rights and Freedoms; (c) does nothing to ensure that Canadians’ right to privacy will be protected during searches of their online presence and electronic devices; and (d) violates Canadian sovereignty by increasing the powers of American preclearance officers on Canadian soil with respect to the carrying of firearms and by not properly defining a criminal liability framework.”.
March 6, 2017 Passed That, in relation to Bill C-23, An Act respecting the preclearance of persons and goods in Canada and the United States, not more than one further sitting day shall be allotted to the consideration at second reading stage of the Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Preclearance Act, 2016Government Orders

March 6th, 2017 / 4:40 p.m.
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Conservative

Kelly McCauley Conservative Edmonton West, AB

Mr. Speaker, there are a lot of benefits to this bill.

I used to be in the tourism industry. I was a very proud hotelier and convention centre manager. I grew up and have worked throughout B.C., and I can say that Rocky Mountaineer is an excellent example of a private sector company which took over a failing government railway, expanded it, and created many thousands of jobs throughout B.C. This program would only help it.

It is going to be wonderful to be able to fly from the Billy Bishop airport in downtown Toronto to Reagan airport in Washington. This is an excellent opportunity. Also, it is a wonderful opportunity, along with Bill C-23, to revisit allowing jet planes to fly out of the Billy Bishop airport and sell some of those wonderful C-Series Bombardier jets.

Preclearance Act, 2016Government Orders

March 6th, 2017 / 4:40 p.m.
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Conservative

Luc Berthold Conservative Mégantic—L'Érable, QC

Mr. Speaker, I will add to my colleague's comments. This bill is obviously important to us, but it does not warrant having the government impose time allocation. This evening we will be voting on the bill, but we will do so gagged.

Will my colleague admit that other members of our party would also have liked the opportunity to speak and to remind us of the good decisions made on this file by the previous government?

Preclearance Act, 2016Government Orders

March 6th, 2017 / 4:40 p.m.
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Conservative

Kelly McCauley Conservative Edmonton West, AB

Mr. Speaker, I am for the bill, but I am against time allocation. There have been a lot of grave concerns brought forward by our colleagues in the NDP, and these issues have to be addressed. They are very serious issues. We are not served by bringing in closure on debate. I wish the government had chosen a different path. As I mentioned, I am supporting the bill, but I do not support invoking closure on the issue. There are too many important things to debate on the bill, and that debate should be heard by Canadians.

Preclearance Act, 2016Government Orders

March 6th, 2017 / 4:40 p.m.
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Waterloo Ontario

Liberal

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

Mr. Speaker, I appreciate the words that were shared by the hon. member, and I have a couple of questions.

Could the member elaborate on the benefits to tourists and people who will be visiting this great country for Canada's 150th anniversary? We do expect to have many visitors. I wonder if the member thinks there would be a more thorough debate at committee, as there is the ability to bring in witnesses, and to study the legislation at committee.

Preclearance Act, 2016Government Orders

March 6th, 2017 / 4:40 p.m.
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Conservative

Kelly McCauley Conservative Edmonton West, AB

Mr. Speaker, I support the bill, but there are questions that have to be answered. We want to get the bill to committee, but I see no value in invoking closure on this debate before the elected representatives for the Canadian people have had a chance to stand here and ask the government their questions.

Preclearance Act, 2016Government Orders

March 6th, 2017 / 4:40 p.m.
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Liberal

Chandra Arya Liberal Nepean, ON

Mr. Speaker, I am delighted to rise in debate today at second reading of Bill C-23, the preclearance act, 2016. One of our government's top priorities is to ensure that the border is run smoothly, efficiently, and securely.

Pre-clearance was high on the agenda last March in Washington, at which time we reached an agreement in principle with the United States to expand pre-clearance to new Canadian sites and modes of travel. During the trip to Washington earlier this month our two countries made a firm commitment to establish pre-clearance operations for cargo.

On the American side, the legislative measures necessary for these expansions were included in the Promoting Travel, Commerce, and National Security Act of 2016, which was enacted this past December with unanimous support in both houses of Congress. The necessary Canadian legislation is the bill before us today.

Pre-clearance is a vital border management program that enhances border security, improves the cross-border flow of legitimate goods and travellers, and allows for border infrastructure to be used more efficiently. Quite simply, it involves determining whether individuals and goods may enter another country while those individuals and goods are still physically located in the country of origin.

As members of the House know, pre-clearance is not a new concept. In fact, with this agreement, we are building on a long-standing, productive collaboration between Canada and the United States. This is a highly successful, cost-effective program that produces economic benefits on both sides of the border.

Air passengers have enjoyed these benefits for more than a half century, and currently do so at eight major airports across Canada. As well, some pre-inspection sites serve rail and cruise ship lines on the west coast. In the airline industry alone, every year some 12 million passengers are pre-screened before boarding planes in Canada, avoiding lengthy customs lines in the U.S. and improving air security. It also allows airlines and travellers to gain direct access from Canada to airports in the U.S. that do not have local customs facilities.

We know that pre-clearance already provides tangible economic benefits to our national and local economies while enhancing security and border integrity. It only makes sense to find ways to make these benefits available to a greater number of Canadians. That is exactly what Bill C-23 would do.

This legislation would replace the current Preclearance Act, 1999, which only applies to air transportation. In doing so, it would preserve the benefits of the existing regime for air travellers and the airline industry while opening up opportunities for pre-clearance in other modes of travel, as well as pre-clearance of cargo. In general, travellers familiar with existing pre-clearance operations would not notice a difference, beyond the fact that pre-clearance would be available in more locations. Let us look in broad strokes at the key elements of the bill.

First, it puts in place the legislative authorities required to allow the United States to conduct pre-clearance operations in Canada in all modes of travel. That includes: one, defining where and when pre-clearance can occur; two, who has access to the pre-clearance area; three, the authorities of the U.S. pre-clearance officers working in Canada, in other words, what they can and cannot do; and four, how Canadian police and Canadian border services officers can assist U.S. pre-clearance officers.

Much of this is very similar to the existing pre-clearance act. In addition, Bill C-23 explicitly requires U.S. pre-clearance officers to exercise their powers and duties in a manner consistent with Canadian law, including the Canadian Charter of Rights and Freedoms, the Canadian Bill of Rights, and the Canadian Human Rights Act. These safeguards are not in place when Canadians are processed by U.S. customs and border protection in the United States. In other words, Bill C-23 would allow more Canadian travellers to undergo American border procedures while under the protective umbrella of Canadian law and the Canadian Constitution.

The second part of the bill provides the authorities and provisions required to enable Canadian pre-clearance operations in the United States. With the appropriate agreements in place, this would mean that for the first time travellers and goods could be pre-cleared before arriving in Canada, something that has long been sought by industry and government on both sides of the border.

This part of the bill authorizes the Canadian border services officers and other Canadian public officers to administer in the United States all of the acts that are regularly applied at ports of entry in Canada such as the Customs Act. It also clarifies how the Immigration and Refugee Protection Act applies in the pre-clearance context.

Eventual Canadian pre-clearance sites in the United States would be determined based on factors such as economic benefits and competitiveness, traffic flows, existing border infrastructure, and other considerations.

With this legislation in place, Canada and the U.S. would be able to move forward with the implementation of pre-clearance operations at new locations and in new modes of transportation, as well as with the pre-clearance of cargo.

The expansion would begin with four new sites agreed to in Washington last year: Billy Bishop airport in Toronto, Jean Lesage International Airport in Quebec City, Montreal Central Station, and Rocky Mountaineer in B.C. This marks the first ever expansion of pre-clearance in Canada to travel by rail. Our hope is that it is only the beginning of further expansion to new locations and modes of transport on both sides of the border.

I look forward to a full discussion of the bill with members on all sides of the House. I hope hon. members will support this legislation that would benefit the Canadian economy and further strengthen the economic and interpersonal ties between Canadians and Americans that underpin so much of our mutual security and prosperity.

Preclearance Act, 2016Government Orders

March 6th, 2017 / 4:50 p.m.
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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, my colleague highlights a very important fact. We have two airports, one in Quebec and one in Ontario, that would be getting pre-clearance and the economic benefits and the convenience of Canadians and permanent residents being able to use pre-clearance is of critical importance.

I like to use the comparison of the Toronto Pearson International Airport, where because of pre-clearance, they are able to fly to something like 20 destinations in the U.S. today that do not have U.S. customs located there. If they did not have the pre-clearance, they would not be able to fly into those destinations.

When we look at the bill and the agenda of the government, would the member not agree that there is immense economic and social value to see pre-clearance expanded here in Canada, not only by plane, but also by train?

Preclearance Act, 2016Government Orders

March 6th, 2017 / 4:50 p.m.
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Liberal

Chandra Arya Liberal Nepean, ON

Mr. Speaker, indeed every year 12 million passengers use this facility. This has been there for the last several decades, and with this bill we would leap forward into much higher numbers of passenger pre-clearances for travellers from Canada.

Preclearance Act, 2016Government Orders

March 6th, 2017 / 4:55 p.m.
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Conservative

Gerry Ritz Conservative Battlefords—Lloydminster, SK

Mr. Speaker, it has been great to be a part of the debate here today. I had to get up and ask a question because Billy Bishop airport has been mentioned a couple of times. It is going to have pre-clearance now which is a great thing, but at the same time the Liberals, about two minutes after the election without any science-based data or all of this data they were going to have before making a decision, shut down the ability of Billy Bishop airport to extend its runway to make this worthwhile, to fly farther, and make use of pre-clearance. Will you reconsider that untimely shutting down of the expansion of the Billy Bishop airport to allow it to really make use of this pre-clearance?

Preclearance Act, 2016Government Orders

March 6th, 2017 / 4:55 p.m.
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Liberal

The Assistant Deputy Speaker Liberal Anthony Rota

I would love to reconsider, but I am sure the member meant the hon. member for Nepean.

The hon. member for Nepean.

Preclearance Act, 2016Government Orders

March 6th, 2017 / 4:55 p.m.
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Liberal

Chandra Arya Liberal Nepean, ON

Mr. Speaker, it is beyond me to consider that request.

Preclearance Act, 2016Government Orders

March 6th, 2017 / 4:55 p.m.
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NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Mr. Speaker, I want to address my question for the member concerning part 3 of Bill C-23. I have asked this question at various times today, and it seems the Liberals' answers are slowly progressing. My question is about the authorization to allow U.S. agents on Canadian soil to carry firearms, and the latest line of reasoning from the Liberals is that they would only be permitted to carry firearms if their Canadian counterparts were carrying firearms. That still begs the question as to why it is necessary to arm the U.S. officers on Canadian soil in the first place. Does the member have a lack of confidence in our own forces to do the job properly, our own forces who have taken an oath of allegiance to the crown, to Canadian institutions, and to the Constitution? Does the member feel comfortable with arming U.S. agents on Canadian soil when our own forces are perfectly capable of doing the same job?

Preclearance Act, 2016Government Orders

March 6th, 2017 / 4:55 p.m.
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Liberal

Chandra Arya Liberal Nepean, ON

Mr. Speaker, we have full confidence in our Canadian Forces. As the member also pointed out, this would be available only on a reciprocal basis where Canadian officers would be armed on the U.S. side.

Preclearance Act, 2016Government Orders

March 6th, 2017 / 4:55 p.m.
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Waterloo Ontario

Liberal

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

Mr. Speaker, I know the hon. member has been an advocate for small businesses, so I would like to ask him if he feels that this legislation would actually support the pre-clearance of goods and services that will be going to the U.S. and that in fact it would help our small businesses become more export oriented.

Preclearance Act, 2016Government Orders

March 6th, 2017 / 4:55 p.m.
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Liberal

Chandra Arya Liberal Nepean, ON

Mr. Speaker, absolutely this bill would provide for greater trade of goods and services and for travel for many small-business people from Canada to the U.S.