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 / 6:30 p.m.
See context

Fredericton New Brunswick

Liberal

Matt DeCourcey LiberalParliamentary Secretary to the Minister of Foreign Affairs

Mr. Speaker, it is a pleasure to rise toward the end of this evening's debate to talk about this important piece of legislation. Bill C-23 will implement the agreement reached with the United States to expand pre-clearance operations to new locations and modes of travel, and it opens the door to cargo pre-clearance as well as Canadian pre-clearance operations in the U.S.

I am pleased that throughout the course of today, and over the last week or so, we have seen lively debate about Bill C-23. However, I do think it is important that as we study and discuss this proposed legislation, we ensure that we are working from a sound understanding of the bill, and a full appreciation of the significant benefits that we stand to gain from expanding our pre-clearance operations with the United States.

After the many hours of debate that have taken place for this bill, we certainly know by now what pre-clearance is, and we know that it works. We have heard how it has been a part of the Canada-U.S. border management success story. Many of us have been pre-cleared ourselves before boarding flights to the United States. As has been noted, we have been operating pre-clearance successfully in the air mode since the 1950s.

In terms of volume, we know that Canadian pre-clearance facilities process 12 million passengers headed to the United States annually. We know that the eight airports that have pre-clearance operations are far more competitive than they would be without them. With pre-clearance, Canadian airports have special direct access to non-international U.S. airports. For example, Canada is the only country serving Reagan airport with direct air services. Without pre-clearance, Toronto Pearson airport, for example, could only serve 27 U.S. cities instead of the 50 that it serves now. Pearson is the fourth-largest point of entry into the United States worldwide.

It is not only in air travel where we have seen the benefits. As members have heard, some pre-inspection sites serve rail and cruise ship businesses on the west coast. The cruise ship industry brings $435 million in economic benefits to British Columbia's coastal region, including 4,600 local jobs. Pre-inspection, which is a kind of partial pre-clearance, is important to that success. The legislation before us will enable full pre-clearance operations for those sites, with considerable advantages for the tourism industry on the west coast. Therefore, it is not surprising that there is a clear demand for more pre-clearance facilities and that both the current and previous administrations in Canada and the U.S. have been working diligently together to put the legal frameworks in place to make that happen. With the legislation before us, we will be able to further expand on these unquestionable economic benefits by paving the way for additional sites in all modes of travel and in both countries, as well as the pre-clearance of cargo.

We have heard the concerns raised about the protection of Canadians' rights, and we are certainly all sensitive to that. That is why I am proud to highlight that the protection of Canadians' rights and the requirement for compliance with Canadian law and the charter are central elements of this bill.

Pre-clearance operations in Canada must be conducted within Canadian law. It is explicitly set out in part 1 of the bill, which sets out the powers, duties, and functions of U.S. officers under the act. It states:

A preclearance officer must exercise their powers and perform their duties and functions under this act in accordance with Canadian law, including the Canadian Charter of Rights and Freedoms, the Canadian Bill of Rights and the Canadian Human Rights Act.

This includes powers of questioning, examination, search, seizure, and detention, powers that already exist in the current pre-clearance arrangement. Similarly, Canadian officers conducting pre-clearance in the U.S. would also be bound by the charter. That is specified in article II of the agreement with the U.S. being implemented by this bill, Bill C-23.

By undergoing U.S. customs and border procedures while still on Canadian soil, Canadian travellers will be protected by our laws and the Canadian Constitution.

I know that certain members of the opposition have argued that because this is already the case in eight Canadian airports, Bill C-23 is unnecessary. However, pre-clearance is not in place at all Canadian airports or at train stations and marine ports. Bill C-23 would pave the way for travellers in those locations to have legal and constitutional Canadian protections that are unavailable to them now.

For those who remain unconvinced of the benefits of this, I would ask that they consider the alternative. Without pre-clearance, travellers are required to submit to immigration and customs processing once they arrive on American soil. That processing is done entirely on American soil and therefore on American terms.

Another concern that has been raised is the issue of withdrawal from pre-clearance areas. It must be noted that should travellers change their minds about entering the United States and wish to leave the pre-clearance area, withdrawal will be allowed under the new act. Officers will have limited latitude to question withdrawing travellers as to their identities and reasons for withdrawing. Without this, people of ill intent can approach, enter, examine, and then leave these controlled areas, potentially weakening our border security.

To conclude, I simply wish to reiterate that pre-clearance is a crucial border management tool for Canada, both economically and from a security perspective. It also has the added benefit of allowing Canadian travellers to undergo American border procedures while protected by Canadian law and the Canadian Constitution, including our Charter of Rights and Freedoms. By adopting this important piece of legislation, which is necessary to implement the Land, Rail, Marine and Air Transport Preclearance Agreement with the United States, the advantages of pre-clearance would become available to many more Canadian travellers and businesses.

I urge all hon. members to keep these significant benefits front of mind as we further examine and study this bill, and I look forward to more constructive debate in the House.

Preclearance Act, 2016Government Orders

March 6th, 2017 / 6:40 p.m.
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NDP

Daniel Blaikie NDP Elmwood—Transcona, MB

Mr. Speaker, I listened to the parliamentary secretary's speech with great attention, and I could not help but feel that maybe there was a slight incoherence lurking in the argument. I am hoping to give him the opportunity to address that.

We hear, on the one hand, that the great virtue of Bill C-23 is that Canadians will not have to submit to American processes, American law, and American officers on American soil. However, when we talk about the safe third country agreement and the travel ban, Liberals say that they are quite comfortable with the American processes, that there is no problem at all with those processes, that Canadians have nothing to fear, and that they are treated normally at the border and get good treatment. Which is it? Do Canadians have something to fear from being subjected to American border security processes, or do they not? If they do, maybe the member would reconsider his position with respect to suspending the safe third country agreement.

Preclearance Act, 2016Government Orders

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

Matt DeCourcey Liberal Fredericton, NB

Mr. Speaker, I am not sure that my hon. friend was listening that intently, because I was entirely coherent in explaining that Bill C-23 would provide all Canadians undergoing pre-clearance with U.S. border officials the security of having that pre-clearance done under Canadian law, the Canadian Constitution, our Charter of Rights and Freedoms, the Canadian Human Rights Act, and the Canadian Bill of Rights all at play.

This is an important piece of legislation that would allow for the timely exchange of people and goods, something that for many years has been central to our strong trade relationship with the United States. This is another step in ensuring that the important relationship we have with the United States continues to grow and prosper for the benefit of Canadians.

Preclearance Act, 2016Government Orders

March 6th, 2017 / 6:40 p.m.
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NDP

Pierre Nantel NDP Longueuil—Saint-Hubert, QC

Mr. Speaker, I have a question for my colleague.

If he ended up at customs and an overeager and cranky U.S. customs officer proceeded to conduct a strip search, and only a female officer was available on the Canadian side, would he be comfortable with that? Bill C-23 generally looks a lot like the existing system, but there are some very serious exceptions like this one.

Does my colleague have a problem with that? I know that there are many people who would have a very serious problem with that.

Preclearance Act, 2016Government Orders

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

Matt DeCourcey Liberal Fredericton, NB

Mr. Speaker, I have the great honour of living very close to the United States. Ever since I was born I have been crossing the border with my family, my friends, or alone and this situation has never presented itself. I would say to Canadians watching us this evening that under the current conditions, whenever a U.S. officer has problems with a Canadian traveller, the latter is transferred to Canadian officers as soon as possible.

Preclearance Act, 2016Government Orders

March 6th, 2017 / 6:40 p.m.
See context

Winnipeg North Manitoba

Liberal

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

Mr. Speaker, with respect to pre-clearance, we recognize that it is reciprocal between the United States and Canada. We will see many Americans who will also be pre-cleared coming into Canada.

From a tourism perspective, whenever we can enable tourism in our country, the better it is for Canada as a whole and for our middle class. In fact, all Canadians benefit the more we get American tourists coming to Canada.

Can the hon. member provide some thoughts on that?

Preclearance Act, 2016Government Orders

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

Matt DeCourcey Liberal Fredericton, NB

Certainly, Mr. Speaker, we want to see American tourists coming to Canada. My colleague sitting right in front of me will emphasize along with me that we want to see those tourists coming to Atlantic Canada to enjoy all there is to offer in New Brunswick, Prince Edward Island, Nova Scotia, and Newfoundland and Labrador. We are open to having tourists from right across the United States come to visit our lovely country. I would ask them all to take an opportunity to visit us on the east coast, specifically as we celebrate Canada's 150.

However, for the next 150 years, we want a border that allows the flow of people to come and visit and enjoy all we have to offer.

Preclearance Act, 2016Government Orders

March 6th, 2017 / 6:45 p.m.
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Conservative

The Deputy Speaker Conservative Bruce Stanton

Order, please. It being 6:45 p.m., pursuant to an order made earlier today, it is my duty to interrupt the proceedings and put forthwith every question necessary to dispose of the second reading stage of the bill now before the House.

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

Preclearance Act, 2016Government Orders

March 6th, 2017 / 6:45 p.m.
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Some hon. members

Agreed.

No.

Preclearance Act, 2016Government Orders

March 6th, 2017 / 6:45 p.m.
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Conservative

The Deputy Speaker Conservative Bruce Stanton

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

Preclearance Act, 2016Government Orders

March 6th, 2017 / 6:45 p.m.
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Some hon. members

Yea.

Preclearance Act, 2016Government Orders

March 6th, 2017 / 6:45 p.m.
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Conservative

The Deputy Speaker Conservative Bruce Stanton

All those opposed will please say nay.

Preclearance Act, 2016Government Orders

March 6th, 2017 / 6:45 p.m.
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Some hon. members

Nay.

Preclearance Act, 2016Government Orders

March 6th, 2017 / 6:45 p.m.
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Conservative

The Deputy Speaker Conservative Bruce Stanton

In my opinion the nays have it.

And five or more members having risen:

Call in the members.

(The House divided on the amendment, which was negatived on the following division:)

Vote #204