Bill C-59 (Historical)

National Security Act, 2017

An Act respecting national security matters

Part 1 enacts the National Security and Intelligence Review Agency Act, which establishes the National Security and Intelligence Review Agency and sets out its composition, mandate and powers. It repeals the provisions of the Canadian Security Intelligence Service Act establishing the Security Intelligence Review Committee and amends that Act and other Acts in order to transfer certain powers, duties and functions to the new Agency. It also makes related and consequential amendments to other Acts.
Part 1.‍1 enacts the Avoiding Complicity in Mistreatment by Foreign Entities Act to authorize the issuance of directions respecting the disclosure of and request for information that would result in a substantial risk of mistreatment of an individual by a foreign entity and the use of information that is likely to have been obtained as the result of mistreatment of an individual by a foreign entity.
Part 2 enacts the Intelligence Commissioner Act, which provides that the duties and functions of the Intelligence Commissioner are to review the conclusions on the basis of which certain authorizations are issued or amended, and determinations are made, under the Communications Security Establishment Act and the Canadian Security Intelligence Service Act and to approve those authorizations, amendments and determinations if those conclusions are reasonable. This Part also abolishes the position of the Commissioner of the Communications Security Establishment, provides for that Commissioner to become the Intelligence Commissioner, transfers the employees of the former Commissioner to the office of the new Commissioner and makes related and consequential amendments to other Acts.
Part 3 enacts the Communications Security Establishment Act, which establishes the Communications Security Establishment and, among other things, sets out the Establishment’s mandate as well as the regime for authorizing its activities. It also amends the National Defence Act and makes consequential amendments to other Acts.
Part 4 amends the Canadian Security Intelligence Service Act to
(a) add a preamble to that Act and provide a mechanism to enhance the accountability of the Canadian Security Intelligence Service;
(b) add new limits on the exercise of the Service’s power to reduce threats to the security of Canada including, in particular, by setting out a list of measures that may be authorized by the Federal Court;
(c) provide a justification, subject to certain limitations, for the commission of acts or omissions that would otherwise constitute offences;
(d) exempt employees of the Service and persons acting under their direction from liability for offences related to acts committed for the sole purpose of establishing or maintaining a covert identity;
(e) create a regime for the Service to collect, retain, query and exploit datasets in the course of performing its duties and functions;
(f) make amendments to the warrant regime that are related to datasets; and
(g) implement measures for the management of datasets.
Part 5 amends the Security of Canada Information Sharing Act to, among other things,
(a) emphasize that the Act addresses only the disclosure of information and not its collection or use;
(b) clarify the definition of “activity that undermines the security of Canada”;
(c) clarify that advocacy, protest, dissent and artistic expression are not activities that undermine the security of Canada unless they are carried on in conjunction with an activity that undermines the security of Canada;
(d) provide that a disclosure of information is authorized only if the disclosure will contribute to the carrying out by the recipient institution of its national security responsibilities and will not affect any person’s privacy interest more than reasonably necessary;
(e) require that information disclosed be accompanied by information about the accuracy of the disclosed information and the reliability of the manner in which it was obtained; and
(f) require that records be prepared and kept in respect of every disclosure of information and that every year a copy of every record prepared in the preceding year be provided to the National Security and Intelligence Review Agency.
Part 6 amends the Secure Air Travel Act to authorize the Minister of Public Safety and Emergency Preparedness to collect from air carriers and operators of aviation reservation systems, for the purpose of identifying listed persons, information about any individuals who are on board or expected to be on board an aircraft for any flight prescribed by regulation, and to exempt an air carrier from providing that information, or from the application of any provision of the regulations, in certain circumstances. It amends the Act to authorize that Minister to collect personal information from individuals for the purpose of issuing a unique identifier to them to assist with pre-flight verification of their identity. It also reverses the rule in relation to a deemed decision on an application for administrative recourse. Finally, it amends the Act to provide for certain other measures related to the collection, disclosure and destruction of information.
Part 7 amends the Criminal Code to, among other things,
(a) make certain procedural modifications to the terrorist listing regime under section 83.‍05, such as providing for a staggered ministerial review of listed entities and granting the Minister of Public Safety and Emergency Preparedness the authority to amend the names, including aliases, of listed entities;
(b) change the offence of advocating or promoting terrorism offences in general, in section 83.‍21, to one of counselling the commission of a terrorism offence, and make corresponding changes to the definition of terrorist propaganda;
(c) raise one of the thresholds for imposing a recognizance with conditions under section 83.‍3, and amend when that section is to be reviewed and, unless extended by Parliament, to cease to have effect;
(d) repeal sections 83.‍28 and 83.‍29 relating to an investigative hearing into a terrorism offence and repeal subsections 83.‍31(1) and (1.‍1), which require annual reports on such hearings;
(e) require the Attorney General of Canada to publish a report each year setting out the number of terrorism recognizances entered into under section 810.‍011 in the previous year; and
(f) authorize a court, in proceedings for recognizances under any of sections 83 and 810 to 810.‍2, to make orders for the protection of witnesses.
Part 8 amends the Youth Criminal Justice Act to, among other things, ensure that the protections that are afforded to young persons apply in respect of proceedings in relation to recognizance orders, including those related to terrorism, and give employees of a department or agency of the Government of Canada access to youth records, for the purpose of administering the Canadian Passport Order.
Part 9 requires that a comprehensive review of the provisions and operation of this enactment take place during the fourth year after section 168 of this enactment comes into force. If that section 168 and section 34 of Bill C-22, introduced in the 1st session of the 42nd Parliament and entitled the National Security and Intelligence Committee of Parliamentarians Act, come into force within one year of each other, the reviews required by those sections are to take place at the same time and are to be undertaken by the same committee or committees.

Royal Canadian Mounted Police Act

[Élisabeth Brière, Liberal, Sherbrooke, QC]

Madam Speaker, if we want Canadians to trust their government, we need a government that trusts Canadians. I would add that this position has been repeated many times in the House, and not just when Bill C-98 was introduced.

On that note, I would also like to thank the senator who introduced Bill S-205 in 2015. That bill set out a number of the recommendations that we are proposing today.

Beyond the CBSA, our government's desire to improve the transparency and accountability of all our security agencies is clear.

For example, in 2013, a member proposed the creation of a national security committee of parliamentarians, but unfortunately the House rejected that proposal. The following year, a member introduced a bill that would have amended the National Defence Act in order to improve the transparency and accountability of the Communications Security Establishment.

Obviously, parliamentarians and Canadians want our intelligence and security agencies to be as accountable and transparent as possible. When our government took office in 2015, we knew we had to take action. During the government consultations on national security, experts and members of the public told us that we risked losing the trust of the public if our security agencies did not become more transparent and accountable.

After all, these measures create an effective and efficient government.

They help us oversee the exercise of authority and deliver results for Canadians.

The bill established the National Security and Intelligence Review Agency, which is the heart of Bill C-59 and represents a historic change for Canada.

The creation of this agency resulted in an integrated and comprehensive review of all national security and intelligence activities, including broader access to information across the government.

The government also created the National Security and Intelligence Committee of Parliamentarians, a group tasked with reviewing Canada's national security and intelligence organizations.

As members know, this committee now has extraordinary access to classified information so that it can scrutinize security and intelligence activities.

The creation of this committee filled a significant gap and allowed us achieve two objectives: guaranteeing that our security agencies are working effectively, and protecting the rights and freedoms of Canadians.

The government also adopted a national security transparency commitment across government to give Canadians better access to information. All of these measures will help build public confidence in our security agencies. The RCMP, CSIS and Correctional Service Canada are already subject to solid accountability measures.

We know that similar steps have to be taken for our border agency.

We need a transparent system to ensure that complaints regarding the conduct and quality of services of CBSA employees are handled appropriately.

This is what Bill C-3 aims to do.

This bill would build on all of the government reforms I mentioned earlier and would increase the accountability of our national security apparatus.

Canadians can rest assured that an independent review body would be handling complaints relating to the conduct of border officers.

Bill C-3 would expand and strengthen the Civilian Review and Complaints Commission, the CRCC, which is the RCMP's review agency. This commission would become the public complaints and review commission. The new commission would be responsible for handling complaints and reviews for the Canada Border Services Agency and for the Royal Canadian Mounted Police. Anyone interacting with CBSA employees who wishes to file a complaint about the employee's conduct or quality of services would be able to go through this enhanced commission.

The Civilian Review and Complaints Commission could also conduct reviews of the Canada Border Services Agency of its own initiative or at the request of the Minister of Public Safety. However, matters of national security would be addressed by the National Security and Intelligence Review Agency with help from the CRCC.

Departments and agencies within Canada's public safety community are very familiar with this new transparency and accountability model. I know that they understand that their ability to respect this model has a direct impact on public trust, their credibility and their day-to-day activities.

The government knows that with the creation of the independent mechanism proposed in Bill C-3, Canadians will be much more comfortable filing a complaint. We will thereby greatly improve the accountability of our public safety apparatus' oversight mechanism.

I encourage all members of the House to join me and support Bill C-3 at second reading.

[Majid Jowhari, Liberal, Richmond Hill, ON]

Mr. Speaker, I would like to inform you that I will be splitting my time with the hon. member for Mississauga—Erin Mills.

As it is my first time rising in the 43rd Parliament, I would like to extend my heartfelt thanks to the constituents of Richmond Hill, who bestowed on me the honour of representing them in the House. I thank my campaign manager, my riding association executive and the over 100 volunteers and friends who worked so hard to help me get re-elected.

I would especially like to acknowledge and thank my wife Homeira; my daughter Nickta and my son Meilaud, who have supported me in my political life over the past five years.

I am pleased to have this opportunity to rise at second reading of Bill C-3. The bill proposes to create an independent review and complaint mechanism for the Canada Border Services Agency, the CBSA. I would like to highlight five significant components of the bill.

First, it would provide for civilian oversight.

Second, it would strengthen the accountability and transparency of the CBSA.

Third, it would ensure consistent, fair and equal treatment to all when receiving services.

Fourth, it would complement and align with other measures being taken by our government to create independent review functions for national security agencies.

Fifth, it would close a significant gap with the other Five Eyes international border agencies.

Such mechanisms help to promote public confidence by strengthening accountability. They ensure that complaints regarding employee conduct and service are dealt with transparently. CSIS, the RCMP and the Correctional Service of Canada are already subject to that kind of accountability.

Among the organizations that make up Canada's public safety portfolio, only the CBSA does not currently have a review body to handle public complaints. Bill C-3 would fill that glaring gap and build on recent accountability and transparency reforms introduced by the Government of Canada.

One of those reforms is the newly created National Security and Intelligence Committee of Parliamentarians. This new body addresses a long-standing need for parliamentarians to review the government's national security and intelligence activities and operations, including those involving the CBSA. Its members have unprecedented access to classified information.

As the Prime Minister has said, it “will help us ensure that our national security agencies continue to keep Canadians safe in a way that also safeguards our values, rights, and freedoms.”

The government has also brought into force a new expert review body, thanks to the passage of Bill C-59, called the National Security and Intelligence Review Agency.

This new agency will greatly enhance how Canada's national security agencies are held to account. It will establish a single, independent agency authorized to conduct reviews on national security and intelligence activities carried out by departments and agencies across the Government of Canada, including the CBSA.

The legislation before us today would go one step further by establishing an independent review and complaints function for the CBSA's other activities. Those activities play a critical role in our country's security and economic prosperity. They facilitate the efficient flow of people and goods across our border to support our economy, while protecting the health and safety of Canadians.

In keeping with its sweeping mandate, the scale of the CBSA's operations and the number of people and goods it deals with are enormous. CBSA employees deliver a wide range of services at more than 1,000 locations, including 117 land border crossings, 13 international airports and 39 international offices.

The agency's employees are diligent and hard-working. In 2018-19, they interacted with more than 96 million travellers and processed more than 19 million commercial shipments and 54 million courier shipments.

The vast majority of the CBSA's interactions and transactions go off without a hitch. However, when dealing with more than a quarter of a million people each day, and nearly 100 million each year, the occasional complaint is inevitable. Each year the CBSA recourse directorate receives approximately 2,500 complaints concerning employee conduct and services.

Last summer, as I was knocking on doors in my riding of Richmond Hill, I talked to many residents, Canadian citizens and permanent residents alike, who regularly crossed the borders to and from the U.S. They shared their challenges with wait times, extensive and intrusive repeated questioning and the feeling of inferiority that it left them with. Repeatedly, they raised their concern about their inability to get answers about the way they were treated and their frustration with the lack of an independent body to raise their concerns.

However, as I noted earlier, there is currently no independent review body that people can turn to when they are unsatisfied with the level of service or the conduct of an officer at the border. That accountability gap has generated considerable public interest and been regularly raised by parliamentarians.

On that note, I would like to recognize and thank the now-retired Wilfred Moore for his advocacy on this issue with the introduction of Bill S-205 in the other place.

There have also been numerous calls by stakeholders and NGOs to improve CBSA accountability and transparency. The Canadian Civil Liberties Association said that it considered “such a gap as being incompatible with democratic values and with a need for public trust in such an important agency.”

According to the late Professor Ron Atkey of York University, the lack of CBSA oversight presented “a problem in the makeup of the current security intelligence review mechanism”. He added that the creation of the committee of parliamentarians should not be considered as a substitute for independent expert review bodies, which he suggested should be extended to cover CBSA.

That is exactly what Bill C-3 would do. It proposes to establish an independent review mechanism for the CBSA by expanding and strengthening the existing Civilian Review and Complaints Commission, or CRCC. The CRCC is currently the review agency for the RCMP.

To reflect its proposed new responsibilities under Bill C-3, it will be renamed the public complaints and review commission, or PCRC. The proposed new PCRC will be responsible for handling reviews and complaints for both the CBSA and the RCMP. The PCRC will be accessible to anyone who interacts with CBSA employees and has complaints about the conduct of CBSA officers and the quality of services.

The PCRC will also have the ability to conduct reviews of the CBSA on its own initiative or at the request of the Minister of Public Safety. Those reviews could focus on any activity conducted by the CBSA, with the exception of national security matters.

With the passage of Bill C-59, the National Security and Intelligence Review Agency will be responsible for complaints and reviews relating to national security, including those involving the RCMP and CBSA. The PCRC will work in a complementary manner with the proposed new National Security and Intelligence Review Agency. Provisions in Bill C-3 will facilitate information sharing and co-operation between the two bodies. If the PCRC were to receive those types of complaints, it would refer the complainants to the appropriate body.

By providing an independent arms-length mechanism for people to be heard, Bill C-3 would make them more comfortable to come forward with a complaint. That, in turn, would help ensure that Canadians would remain confident in the system of accountability for the agencies that work so hard to keep them safe.

That is why I urge hon. members of the House to join me in supporting this important legislation at second reading.

[Churence Rogers, Liberal, Bonavista—Burin—Trinity, NL]

Mr. Speaker, I am grateful for the opportunity to rise in this House and add my voice to the debate on Bill C-3 which proposes to establish an arm's-length review and complaints function for the CBSA.

The bill before us builds on an action that our government had recently taken to strengthen accountability and transparency in the public safety and national security sphere. As members know, we passed legislation to create the National Security and Intelligence Committee of Parliamentarians, and that committee has now been established. Following the passage of Bill C-59, we also created a new National Security and Intelligence Review Agency. The goal of both of these bodies is to provide accountability for the national security work of all Government of Canada departments and agencies, including the CBSA.

Strong internal and external mechanisms are in place to address many of the CBSA's other activities. For example, certain decisions in the immigration context are subject to review by the Immigration and Refugee Board of Canada. Its customs decisions can be appealed to the Canadian International Trade Tribunal as well as to the Federal Court. However, the glaring gap that remains has to do with the public complaints related to the conduct of, and service provided by, CBSA employees.

There is simply no independent place to which people can turn when they have a grievance about the way they were treated by someone representing the CBSA. Without an independent body specifically tasked to hear complaints, it is easy to see how people can feel uncomfortable voicing any concerns. Bill C-3 would change that by establishing an independent review and complaints function for the CBSA. That new tool would be incorporated into, and benefit from the expertise and experience of, the existing Civilian Review and Complaints Commission, or CRCC, for the RCMP.

To reflect its new CBSA responsibilities, the CRCC would be renamed the “public complaints and review commission”, or PCRC. Members of the public who deal with the CBSA would be able to submit a complaint to any officer or employee of the agency or to the PCRC. The CBSA would conduct the initial investigation into a complaint, whether it is submitted to the CBSA or to the PCRC. However, the PCRC would have the ability to investigate any complaint that is considered to be in the public interest. It could also initiate a complaint proactively. In the event that a complainant was not satisfied with the CBSA's response to a complaint, he or she could ask the PCRC to review the CBSA's response. The PCRC would also have a mandate to conduct overarching reviews of specified activities of the CBSA. All of this would bring the CBSA in line with Canada's other public safety organizations, which are currently subject to independent review, and it would allow Canada to join the ranks of peer countries with respect to adding accountability functions for their border agencies.

Recourse through the PCRC would be available to anyone who interacts with CBSA or RCMP employees. This includes Canadian citizens, permanent residents and foreign nationals, including immigration detainees. Most of these detainees are held in CBSA-managed immigration holding centres. When that is not possible, CBSA detainees are placed in other facilities, including provincial correctional facilities. The CBSA has established agreements with B.C., Alberta, Ontario, Quebec and Nova Scotia for detention purposes.

[Ruby Sahota, Liberal, Brampton North, ON]

Mr. Speaker, I would like to start off by saying that I will be sharing my time today with the member for Bonavista—Burin—Trinity.

I am grateful for the opportunity to add my voice to today's debate on Bill C-3, which proposes to establish an arm's-length review body for the Canada Border Services Agency.

The CBSA is already reviewed by several different independent boards, tribunals and courts. They scrutinize such things as the agency's customs and immigration decisions. However, there is no existing external review body for some of its other functions and activities.

For example, there is a gap when it comes to public complaints related to CBSA employee conduct and service. With the way things currently stand, there is also no independent review mechanism for the CBSA's non-national security activities. That makes the CBSA something of an outlier, both at home and abroad.

Other public safety organizations in Canada are subject to independent review, as are border agencies in a number of peer countries including the U.K., Australia, New Zealand and France. Addressing these accountability gaps through Bill C-3 would improve the CBSA's strength and would strengthen public confidence in the agency. It would ensure that the public could continue to expect consistent, fair and equal treatment by CBSA employees, and it would lead to opportunities for ongoing improvement in the CBSA's interactions and service delivery.

For an organization that deals with tens of millions of people each year, that is extremely important. Public complaints about the conduct of, and the service provided by, CBSA employees are currently dealt with only internally at the agency. I am sure all of my hon. colleagues would agree that this is no longer a tenable situation.

Under Bill C-3, these complaints would instead be handled by a new arm's-length public complaints and review commission, or PCRC. The new PCRC would build on and strengthen the existing Civilian Review and Complaints Commission, CRCC for short, which is currently the review agency for the RCMP. The CRCC would thus be given an expanded role under this bill and a new name to go along with its new responsibilities for the CBSA.

The PCRC would be able to receive and investigate complaints from the public regarding the conduct of the CBSA officials and the service provided by the CBSA. Service-related complaints could be about a number of issues. They could include border wait times and processing delays; lost or damaged postal items; the level of service provided; the examination process, including damage to goods or electronic devices during a search or examination; and CBSA infrastructure, including sufficient space, poor signage or the lack of available parking.

Service-related complaints do not include enforcement actions, such as fines for failing to pay duties, nor do they include trade decisions, such as tariff classification. Those types of decisions can already be considered by existing review mechanisms.

In addition to its complaints function, the PCRC would also review non-national security activities conducted by the RCMP and the CBSA. The PCRC reports would include findings and recommendations on the adequacy, appropriateness, sufficiency or clarity of CBSA policies, procedures and guidelines; the CBSA's compliance with the law and ministerial directions; and the reasonableness and necessity of the CBSA's use of its powers. The CBSA would be required to provide a response to those findings and recommendations for all complaints.

The creation of the PCRC is overdue. It would answer long-standing calls for an independent review of public complaints involving the CBSA.

According to former parliamentarian and chair of the NATO Association of Canada at Massey College, Hugh Segal, the lack of oversight for the CBSA is not appropriate and is unacceptable.

Former CBSA president Luc Portelance also said that when a Canadian citizen or a foreign national engages with a border officer and has a negative interaction, the entire review mechanism is not public. It is internal, and it is not seen as independent. In Mr. Portelance's view, that creates a significant problem in terms of public trust.

The Government of Canada has committed to rectifying this situation by addressing gaps in the CBSA's framework for external accountability.

With the introduction of Bill C-3, the government is delivering on that commitment. It builds on recent action taken by the government to strengthen accountability on national security matters. That includes passing legislation to establish the National Security and Intelligence Committee of Parliamentarians. It also includes the creation, through Bill C-59, of the new expert review body, the National Security and Intelligence Review Agency. These two bodies are now in operation and they are doing extremely important work in terms of reviewing the national security activities of all departments and agencies, including the CBSA.

Bill C-3 would go further by establishing a review and complaints function for CBSA's other activities. In doing so, it would fill the gap in the architecture of public safety accountability in this country. It would allow for independent review of public complaints related to CBSA employee conduct, issues regarding CBSA services, and the conditions and treatment of immigration detainees. With respect to these detainees specifically, Bill C-3 would offer additional safeguards to ensure that they are treated humanely and are provided with necessary resources and services while detained.

The introduction of this bill demonstrates a commitment to keeping Canadians safe and secure while treating people fairly and respecting human rights. It is a major step forward in ensuring that Canadians are confident in the accountability system for the agencies that work so hard to keep them safe.

For all the reasons I have outlined today, I will be voting in favour of Bill C-3 at second reading. I urge all of my hon. colleagues to join me in supporting the bill.

[Pam Damoff, Liberal, Oakville North—Burlington, ON]

Mr. Speaker, through you, I would like to welcome the hon. member for Skeena—Bulkley Valley to this place.

It is true that this legislation has been called for for a long time. After we were elected in 2015, we brought a robust number of bills to the public safety committee. The public safety minister at the time, Ralph Goodale, was introducing more legislation than was coming from any other department. He was fixing the previous national security framework in Bill C-59. We brought in Bill C-22 and we did introduce Bill C-98 to deal with the CBSA review agency. Unfortunately, the bill ran out of time in the Senate before it could be passed.

It is my hope that we can do this quickly and get it sent to committee and the Senate and finally get this review body in place.

[Pam Damoff, Liberal, Parliamentary Secretary to the Minister of Indigenous Services]

Mr. Speaker, it is an honour to rise today to speak to Bill C-3, which seeks to establish a new, independent public complaints and review body for the Canada Border Services Agency, or CBSA. This represents another step forward in the government's commitment to ensuring that all of its agencies and departments are accountable to Canadians.

As a member of the public safety committee during the last Parliament, I am quite proud to have participated in legislation that made remarkable change and took the number of measures we took to ensure greater accountability of our security agencies and departments.

Two years ago, our Bill C-22 received royal assent, establishing the National Security and Intelligence Committee of Parliamentarians. That addressed a long-standing need for parliamentarians to review the Government of Canada's activities and operations in regard to national security and intelligence. It has been in operation for some time now and is a strong addition to our system of national security review and accountability. As members will know, the committee has the power to review activities across government, including the CBSA.

To complement that, our committee studied our national security framework, as well as Bill C-59, which allowed for the creation of the National Security and Intelligence Review Agency, or NSIRA. NSIRA is also authorized to conduct reviews of any national security or intelligence activity carried out by federal departments and agencies, including the CBSA. All of this is on top of existing review and oversight mechanisms in the public safety portfolio.

The Civilian Review and Complaints Commission for the RCMP investigates complaints from the public about the conduct of members in the RCMP, for example, and does so in an open, independent and objective manner. The Office of the Correctional Investigator conducts independent, thorough and timely investigations about issues related to Correctional Service Canada.

Bill C-3 would fill a gap in the review of the activities of our public safety agencies. The existing Civilian Review and Complaints Commission, which is responsible for complaints against members of the RCMP, would see its name change to the public complaints and review commission and its mandate expanded to include the CBSA. It would be able to consider complaints against CBSA employee conduct or service, from foreign nationals, permanent residents and Canadian citizens, regardless of whether they are within or outside of Canada. Reviews of national security activities would be carried out by NSIRA.

Here is how it would work in practice. If an individual has a complaint unrelated to national security, she or he would be able to direct it either to the commission or to the CBSA. Both bodies would notify the other of any complaint made. The CBSA would be required to investigate any complaint, except those disposed of informally. The commission would be able to conduct its own investigation of the complaint in situations where the chairperson is of the opinion that doing so would be in the public interest. If an individual is not satisfied with the CBSA's response, the commission would be able to follow up as it sees fit.

The new PCRC would also be able to produce findings on the CBSA's policies, procedures and guidelines. It would also be able to review CBSA's activities, including making findings on CBSA's compliance with the law and the reasonableness and necessity of the exercise of its powers. Indeed, the commission's findings on each review would be published in a mandatory annual public report.

Bill C-3 not only fills a gap in our review system. It answers calls from the public and Parliament for independent review of CBSA. Most significantly, the Senate Standing Committee on National Security and Defence, in its 2015 report, encouraged the creation of an oversight body. I would like to acknowledge Bill S-205 from our last Parliament, introduced in the other place not long after the government took office, which proposed a CBSA review body as well.

Certainly we have heard from academics, experts and other stakeholders of the need to create a body with the authority to review CBSA. During testimony at the public safety committee on December 5, 2017, Alex Neve, secretary general of Amnesty International, said, “how crucial it is for the government to move rapidly to institute full, independent review of CBSA.” This was reflective of much of the testimony we heard, and I am pleased the government is acting on this advice. I would also like to acknowledge my colleague from Toronto—Danforth for her efforts and advocacy for the establishment of a CBSA review body.

The CBSA has a long and rich history of providing border services in an exemplary fashion. It does so through the collective contribution of over 14,000 dedicated professional women and men, women like Tamara Lopez from my community, who is a role model for young women looking for a career in the CBSA.

The CBSA already has robust internal and external mechanisms in place to address many of its activities. For example, certain immigration-related decisions are subject to review by the Immigration and Refugee Board of Canada, and its customs role can be appealed all the way up to the Federal Court.

That said, when it comes to the public, the CBSA should not be the only body receiving and following up on complaints about its own activities. Indeed, some Canadians might not be inclined to say a word if they do not have the confidence that their complaint will be treated independently, objectively and thoroughly. Bill C-3 would inspire that confidence.

The Government of Canada is committed to ensuring that all of its agencies and departments are accountable to Canadians. Bill C-3 would move the yardstick forward on that commitment. It would bring Canada more closely in line with the accountability bodies of border agencies in other countries, including those of our Five Eyes allies.

The accountability and transparency of our national security framework has improved greatly since we were elected in 2015. This bill would continue these efforts by providing border services that keep Canadians safe and by improving public trust and confidence. Bill C-3 would ensure that the public continues to expect consistent, fair and equal treatment by CBSA employees. That is why I am proud to stand behind Bill C-3 today.

In the last Parliament, the House of Commons unanimously passed Bill C-98, which was a bill to bring oversight to CBSA. Although that bill died in the Senate, it is my hope that all parties will again come together to pass this bill.

I listened to the member for Medicine Hat—Cardston—Warner speak earlier in this debate. He spoke at length about firearms and his petition opposing our promise to make Canadians safer by enhancing gun control. I would remind him that almost 80% of Canadians support a ban on military-style assault rifles according to an independent Angus Reid survey.

I know he and his party supported oversight of the CBSA in the last Parliament. I hope he and all members will join me in supporting oversight in this Parliament under Bill C-3 and assure the bill's passage this session.

[Bill Blair, Liberal, Minister of Public Safety and Emergency Preparedness]

moved that Bill C-3, An Act to amend the Royal Canadian Mounted Police Act and the Canada Border Services Agency Act and to make consequential amendments to other Acts, be read the second time and referred to a committee.

Madam Speaker, I am honoured to rise in this House to begin the debate on Bill C-3, concerning an independent review for the Canada Border Services Agency.

The Canada Border Services Agency ensures Canada's security and prosperity by facilitating and overseeing international travel and trade across Canada's borders. On a daily basis, CBSA officers interact with thousands of Canadians and visitors to Canada at airports, land border crossings, ports and other locations. Ensuring the free flow of people and legitimate goods across our border while protecting Canadians requires CBSA officers to have the power to arrest, detain, search and seize, as well as the authority to use reasonable force when it is required.

Currently, complaints about the service provided by the CBSA officers and about the conduct of those officers are handled internally. If an individual is dissatisfied with the results of an internal CBSA investigation, there is no mechanism for the public to request an independent review of these complaints.

The Government of Canada recognizes that a robust accountability mechanism can help ensure public trust that Canada's public safety institutions are responsive to the law and to Canadians. That is why I am honoured today to initiate debate on Bill C-3.

I want to take the opportunity to acknowledge the excellent and extraordinary work of two former parliamentarians: former senator Wilfred Moore and my predecessor, former public safety minister Ralph Goodale, who worked tirelessly to advocate for effective CBSA oversight.

This important piece of legislation that is before us today would establish an independent review and complaints mechanism for the Canada Border Services Agency. This will address the significant accountability and transparency gap among our public safety agencies and departments here in Canada

Among our allies, Canada is alone in not having a dedicated review body for complaints regarding its border agency. The CBSA is also the only organization within the public safety portfolio without its own independent review body.

The resolution of conduct complaints is critically important to maintaining public trust. We already know that many CBSA activities, such as customs and immigration decisions, are subject to independent review. Unfortunately, as of yet, there is no such mechanism for public complaints related to CBSA employee conduct and service.

I will provide some context for my colleagues and for Canadians. The agency deals with an extraordinary and staggering number of people and a huge volume of transactions each and every year. For example, in 2018-19, CBSA employees interacted with over 96 million travellers to and from Canada and collected on behalf of Canadians $32 billion in taxes and duties. Behind these extraordinary numbers is the story of all of us, Canadians in all walks of life and in all parts of our country who rely on the services of our border services agencies. Together, we expect that in the majority of cases we will receive, and do receive, a high degree of professionalism when travelling abroad for work and for leisure. I would like to take this opportunity to thank the many members of the Canada Border Services Agency for their service to Canadians and for their professionalism they give their duties.

It is a fact that when dealing with that many travellers it is inevitable that some complaints may arise. That is why, in order to maintain the public trust in our system and to strengthen accountability for the important role that the border service officers perform for us, it is imperative that we have an independent review body to ensure that any negative experience is thoroughly investigated and quickly and transparently resolved.

Currently, if there are complaints from the public regarding the level of service provided by CBSA or the conduct of CBSA officials, they are handled through an internal process within the agency. Our government has taken action in recent years to rectify gaps with respect to the independent review of national security activities.

We have passed legislation to create the National Security and Intelligence Committee of Parliamentarians which recently published its first annual report. With the passage of Bill C-59, our government has also established the National Security and Intelligence Review Agency. With these two initiatives under way, now is the time to close a significant gap in Canada's public safety and national security accountability framework. This is exactly where Bill C-3 comes in.

The existing Civilian Review and Complaints Commission, or CRCC as it is commonly known, is at the heart of this proposed legislation. The CRCC currently functions as the independent review and complaints body for the RCMP. Under Bill C-3, its responsibilities would be strengthened and it would be renamed the public complaints and review commission, or PCRC. The new PCRC would be responsible for the handling of complaints and conducting reviews for the CBSA in addition to its current responsibilities with respect to the RCMP.

When the PCRC receives a complaint from the public, it would notify the CBSA immediately which would undertake the initial investigation. This is an efficient approach that has proven to lead to a resolution of the overwhelming majority of complaints. In fact, in the case of the RCMP, some 90% of complaints against the conduct or service of the RCMP are resolved in this way.

The PCRC would also be able to conduct its own investigation to the complaint if, in the opinion of the chairperson, it is in the public interest to do so. In those cases, the CBSA would not initiate an investigation into the complaint. In other cases where the complainant may not be satisfied with the CBSA's initial handling of the complaint, the complainant could ask the PCRC directly to begin a review of it. When the PCRC receives such a request for review over a CBSA complaint decision, the commission could review the complaint and all relevant information, sharing its conclusions regarding the CBSA's initial decision. It could conclude that the CBSA decision was appropriate. It may instead ask that the CBSA investigate further or it can initiate its own independent investigation of the complaint.

The commission also would have the authority to hold a public hearing as part of its work. At the conclusion of a PCRC investigation, the review body would be able to report on its findings and make such recommendations as it sees fit. The CBSA would be required to provide a response in writing to the PCRC's findings and its recommendations.

In addition to the complaints function, the PCRC would be able to review on its own initiative or at the request of me or any minister any activity of the CBSA except for national security activities. These, of course, are reviewed by the National Security and Intelligence Review Agency which is now in force.

PCRC reports would include findings and recommendations on the adequacy, appropriateness and clarity of CBSA policies, procedures and guidelines; the CBSA's compliance with the law and all ministerial directions; and finally, the reasonableness and necessity of CBSA's use of its authorities and powers.

With respect to both its complaint and review functions, the PCRC would have the power to summon and enforce the appearance of persons before it. It would have the authority to compel them to give oral or written evidence under oath. It would have the commensurate authority to administer oaths, to receive and accept oral and written evidence, whether or not that evidence would be admissible in a court of law.

The PCRC would also have the power to examine any records or make any inquiries that it considers necessary. It would have access to the same information that the CBSA possesses when a chairman's complaint is initiated.

Beyond its review and complaint functions, Bill C-3 would also create an obligation to the CBSA to notify local police and the PCRC of any serious incident involving CBSA employees or its officers. That includes giving the PCRC the responsibility to track and publicly report on all serious incidents such as death, serious injury, or Criminal Code violations involving members of the CBSA.

Operationally, the bill is worded in such a way as to give the PCRC flexibility to organize its internal structure as it sees fit to carry out its mandate under both the CBSA Act and the RCMP Act. The PCRC could designate members of its staff as belonging either to an RCMP unit or a CBSA unit. Common services such as corporate support could be shared between both units which would make them more efficient, but there are also several benefits to be realized by separating staff in the fashion that I have described.

For example, staff could develop a certain expertise on matters involving these two agencies, their operational procedures and other matters. Clearly identifying which staff members are responsible for which agency may also help with the clear management of information.

Bill C-3 would also make mandatory the appointment of a vice-chair for the PCRC. This would ensure that there would always be two individuals at the top, a chairperson and a vice-chair, capable of exercising key decision-making powers. Under Bill C-3, the PCRC would publish an annual report covering each of its business lines, the CBSA and the RCMP, and the resources that it has devoted to each.

The report would summarize its operations throughout the year and would include such things as the number and type of complaints, and any review activities providing information on the number, type and outcome of all serious incidents. To further promote transparency and accountability, the annual report would be tabled in Parliament.

The new public complaints and review commission proposed in Bill C-3 would close a significant gap in Canada's public safety accountability regime.

Parliamentarians, non-government organizations and stakeholders have all been calling upon successive governments to initiate such a reform for many years. For example, in June 2015, in the other place, the committee on national security and defence tabled a report which advocated for the establishment of an independent civilian review and complaints body with a mandate to conduct investigations for all CBSA activities. More recently, Amnesty International, in Canada's 2018 report card, noted that the CBSA remains the most notable agency with law enforcement and detention powers in Canada that is not subject to independent review and oversight.

National security expert and law professor Craig Forcese is quoted as saying that CBSA oversight is “the right decision”. Government expert Mel Cappe said that it is “filling the gap”. I would importantly note that the proposed legislation before the House benefited from invaluable advice proposed to the government by Mr. Cappe.

To support this legislation, we have allocated $24 million to expand the CRCC to become an independent review body for the CBSA. With the introduction of Bill C-3, proper oversight is on track to becoming a reality.

In the last Parliament, this bill received all-party support in the House in recognition of its practical contents that seek to maintain the integrity of our border services and to instill confidence in Canadians that their complaints will be heard independently and transparently. Though the bill was supported unanimously at third reading, it unfortunately did not receive royal assent by the time the last Parliament ended.

We have heard concerns from many members in this House about the date of tabling, and we are now reintroducing this bill at our very first opportunity as part of the 43rd Parliament. This will be the third consecutive Parliament to consider legislation to create an oversight body for the CBSA. It is overdue.

For all of these reasons, I proudly introduce Bill C-3. I am happy to take any questions my colleagues may have.

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

That's fine.

In terms of paragraph (b), not only in the context of the proposed subclause 18(2), but in general, Mr. Graham spoke earlier about the risk of stepping on the other agency's toes. That's interesting. As part of our study of Bill C-59, we met with representatives of your commission. Forgive me, I don't remember whether the information came from you or other representatives, but we were told that there was no issue with regard to the RCMP, since the functions weren't national security functions. However, during the presentations and debate on Bill C-59, some people pointed out that, in the case of the Canada Border Services Agency, the issue still concerned national security, given that we're talking about border integrity.

Are you concerned that, in terms of the agency, it may be more difficult to determine what falls under the different oversight mechanisms for national security issues? For example, in the case of the committee created by Bill C-59 or the National Security and Intelligence Committee of Parliamentarians, there's a clearer and more obvious distinction with respect to the RCMP.

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

There is no internal resistance at all. In fact, the organization, CBSA, recognizes that this is a gap in the architecture and that it needs to be filled.

Part of it was filled by Bill C-22 with the committee of parliamentarians, as far as national security is concerned. Part of it was filled by Bill C-59 and the creation of the new NSIRA, again with respect to national security.

This legislation fills in the last piece.

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

I think maybe three of those bills were tabled after 2017 or early 2018. I mean, for the C-20s and the single digits, we're talking days after your government was sworn in. I think there needs to be some accountability, because you've been on the record strongly saying that this needed to be done, and so I don't want to leave it being said that.... For example, with Bill C-59, why not make the change then?

I just want to understand, because my concern, Minister, is that I want to make sure there's no, for example, resistance internally to this issue. I can't understand, if this is a simple and straightforward mechanism in Bill C-98, why it took years to come to the conclusion that this was the way to go.

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

Well, as I said, Monsieur Dubé, we have had an enormous volume of work to get through, as has this committee, as has Parliament, generally. The work program has advanced as rapidly as we could make it. It takes time and effort to put it all together. I'm glad we're at this stage, and I hope the parliamentary machinery will work well enough this week that we can get it across the finish line.

It has been a very significant agenda, when you consider there has been Bill C-7, Bill C-21, Bill C-22, Bill C-23, Bill C-37, Bill C-46, Bill C-66, Bill C-71, Bill C-59, Bill C-97, Bill C-83, Bill C-93 and Bill C-98. It's a big agenda and we have to get it all through the same relatively small parliamentary funnel.

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

Thank you, Mr. Chair.

Minister, thank you for being here.

I want to go back to the question Ms. Dabrusin was asking in terms of the time that this took. The fact is, there was a Senate report prior to the last election in 2015, legislation by Senator Segal in the previous Parliament and a recommendation from this committee in 2017.

Also, for anyone who wants to take a minute to google it, you can find articles from at least the last three years with you promising this legislation—it's coming, it's coming. Also, most of the bills you enumerated in responding to my colleague, if not all, were tabled in 2016 or 2017.

I'm wondering about this mechanism. You called it simple and straightforward, faster and cost-effective and said it builds on existing infrastructure. I'm having a hard time with this, especially in knowing that the legislation is only going to come into effect in 2020, if I'm understanding correctly, with regard to the ability of Canadians to make complaints.

I'm still not quite understanding why, with all those pieces on the table and at the very least two or three years in the lead-up.... To me, it doesn't seem to wash that you sort of dropped your arms and said, “Oh well, the senator's proposal won't work in Bill C-59.” That seemed to be what you were implying in response to the question.

I want to ask again why it took so long when there continue to be incidents with work relations for those who work at CBSA—allegations of harassment and things of that nature—and obviously, of course, the issues that some Canadians face in the way they are treated at the border.

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

I think, Ms. Dabrusin, it's simply a product of the large flow of public safety business and activity that we have had to deal with. I added it up a couple of days ago. We have asked this Parliament to address at least 13 major pieces of legislation, which has kept this committee, as well as your counterparts in the Senate, particularly busy.

As you will know from my previous answers, I have wanted to get on with this legislation. It's part of the matrix that is absolutely required to complete the picture. It's here now. It's a pretty simple and straightforward piece of legislation. I don't think it involves any legal intricacies that make it too complex.

If we had had a slot on the public policy agenda earlier, we would have used it, but when I look at the list of what we've had to bring forward—13 major pieces of legislation—it is one that I hope is going to get to the finish line, but along the way, it was giving way to things like Bill C-66, Bill C-71, Bill C-83, Bill C-59 and Bill C-93. There's a lot to do.

[Julie Dabrusin, Liberal, Toronto—Danforth, ON]

Thank you.

I was very happy to see this bill because, Minister, as you know, pretty much every time you have been before this committee, I have asked you about CBSA oversight and when it would be forthcoming, so when I saw this bill had been tabled, it was a happy day for me.

You talked a little about the history of the bill. You talked about Senator Wilfred Moore's bill and how you dealt with the different oversights in Bill C-59 and NSICOP.

Why did we have to wait so long to see this bill come forward?

[Ralph Goodale, Liberal, Minister of Public Safety and Emergency Preparedness]

Thank you, Mr. Chairman and members of the committee.

In the spirit of brevity and efficiency, I think I will forgo the opportunity to put a 10-minute statement on the record and just speak informally for a couple of minutes about Bill C-98. Evan Travers and Jacques Talbot from Public Safety Canada are with me and can help to go into the intricacies of the legislation and then respond to any questions you may have. They may also be able to assist if any issues arise when you're hearing from other witnesses, in terms of further information about the meaning or the purpose of the legislation.

Colleagues will know that Bill C-98 is intended to fill the last major gap in the architecture that exists for overseeing, reviewing and monitoring the activities of some of our major public safety and national security agencies. This is a gap that has existed for the better part of 18 years.

The problem arose in the aftermath of 9/11, when there was a significant readjustment around the world in how security agencies would operate. In the Canadian context at that time, the Canada Customs and Revenue Agency was divided, with the customs part joining the public safety department and ultimately evolving into CBSA, the Canada Border Services Agency. That left CRA, the Canada Revenue Agency, on its own.

In the reconfiguration of responsibilities following 9/11, many interest groups, stakeholders and public policy observers noted that CBSA, as it emerged, did not have a specific review body assigned to it to perform the watchdog function that SIRC was providing with respect to CSIS or the commissioner's office was providing with respect to the Communications Security Establishment.

The Senate came forward with a proposal, if members will remember, to fix that problem. Senator Willie Moore introduced Bill S-205, which was an inspector general kind of model for filling the gap with respect to oversight of CBSA. While Senator Moore was coming forward with his proposal, we were moving on the House side with NSICOP, the National Security and Intelligence Committee of Parliamentarians, by virtue of Bill C-22, and the new National Security and Intelligence Review Agency which is the subject of Bill C-59.

We tried to accommodate Senator Moore's concept in the new context of NSICOP and NSIRA, but it was just too complicated to sort that out that we decided it would not be possible to salvage Senator Moore's proposal and convert it into a workable model. What we arrived at instead is Bill C-98.

Under NSICOP and NSIRA, the national security functions of CBSA are already covered. What's left is the non-security part of the activities of CBSA. When, for example, a person comes to the border, has an awkward or difficult or unpleasant experience, whom do they go to with a complaint? They can complain to CBSA itself, and CBSA investigates all of that and replies, but the expert opinion is that in addition to what CBSA may do as a matter of internal good policy, there needs to be an independent review mechanism for the non-security dimensions of CBSA's work. The security side is covered by NSICOP, which is the committee of parliamentarians, and NSIRA, the new security agency under Bill C-59, but the other functions of CBSA are not covered, so how do you create a review body to cover that?

We examined two alternatives. One was to create a brand new stand-alone creature with those responsibilities; otherwise, was there an agency already within the Government of Canada, a review body, that had the capacity to perform that function? We settled on CRCC, the Civilian Review and Complaints Commission, which performs that exact function for the RCMP.

What is proposed in the legislation is a revamping of the CRCC to expand its jurisdiction to cover the RCMP and CBSA and to increase its capacity and its resources to be able to do that job. The legislation would make sure that there is a chair and a vice-chair of the new agency, which would be called the public complaints and review commission. It would deal with both the RCMP and the CBSA, but it would have a chair and a vice-chair. They would assume responsibilities, one for the RCMP and one for CBSA, to make sure that both agencies were getting top-flight attention—that we weren't robbing Peter to pay Paul and that everybody would be receiving the appropriate attention in the new structure. Our analysis showed that we could move faster and more expeditiously and more efficiently if we reconfigured CRCC instead of building a new agency from the ground up.

That is the legislation you have before you. The commission will be able to receive public complaints. It will be able to initiate investigations if it deems that course to be appropriate. The minister would be able to ask the agency to investigate or examine something if the minister felt an inquiry was necessary. Bill C-98 is the legislative framework that will put that all together.

That's the purpose of the bill, and I am very grateful for the willingness of the committee at this stage in our parliamentary life to look at this question in a very efficient manner. Thank you.