Evidence of meeting #69 for Access to Information, Privacy and Ethics in the 42nd Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was cbsa.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

John Stroud  Vice-President, Corporate Services and Corporate Secretary, Canadian Air Transport Security Authority
Martin Bolduc  Vice-President, Programs Branch, Canada Border Services Agency
Robert Mundie  Acting Vice-President, Corporate Affairs Branch, Canada Border Services Agency
Natalie Sabourin  Manager , Information Management, Privacy and ATIP, Canadian Air Transport Security Authority
David Fraser  Executive Member, Privacy and Access Law Section, Canadian Bar Association
Cyndee Todgham Cherniak  Member-at-Large, Commodity Tax, Customs and Trade, Canadian Bar Association
Michael Geist  Canada Research Chair in Internet and E-commerce Law, Faculty of Law, University of Ottawa, As an Individual
Kris Klein  Partner, nNovation LLP, As an Individual

4:05 p.m.

Liberal

Nathaniel Erskine-Smith Liberal Beaches—East York, ON

If there is such an analysis, could you provide it to the committee, or see if the committee can have access to that?

4:05 p.m.

Vice-President, Programs Branch, Canada Border Services Agency

4:05 p.m.

Liberal

Nathaniel Erskine-Smith Liberal Beaches—East York, ON

Do your officers download and store any information from a cellphone?

4:05 p.m.

Vice-President, Programs Branch, Canada Border Services Agency

Martin Bolduc

Not at ports of entry.

4:05 p.m.

Liberal

Nathaniel Erskine-Smith Liberal Beaches—East York, ON

The information is not retained whatsoever.

4:05 p.m.

Vice-President, Programs Branch, Canada Border Services Agency

Martin Bolduc

No, not by our officers at the port of entry.

If we find an infraction and we start a seizure, yes, the personal device could be seized and could be sent to our criminal investigator, who will decide what to do with it. From the border services officer perspective, though, we don't store information from the cellphone at the counter.

4:05 p.m.

Liberal

Nathaniel Erskine-Smith Liberal Beaches—East York, ON

I don't know what familiarity you have in dealings with your American counterparts, but we've heard some testimony from the OPC and I have certainly read in the media that those who have acknowledged smoking cannabis, or those who have certain health concerns, have been turned away at the U.S. border. What information is being shared with American counterparts in this instance, and do you have concerns, as we legalize cannabis, that American border officials will be turning Canadians away?

4:05 p.m.

Vice-President, Programs Branch, Canada Border Services Agency

Martin Bolduc

Today, it's not part of our regular questionnaire. Depending on the outcome of the cannabis legislation.... Right now, the way that it's drafted, cannabis import or export remains prohibited in Canada.

4:05 p.m.

Liberal

Nathaniel Erskine-Smith Liberal Beaches—East York, ON

Certainly, if I have used cannabis, I ought not to be turned away at the American border, one would think, especially if it's legalized. That is a concern to me and to my constituents. What can we do to prevent that from happening?

4:05 p.m.

Vice-President, Programs Branch, Canada Border Services Agency

Martin Bolduc

Without knowing all the ins and outs of how our U.S. colleagues at the border operate, they do their inspection in a very similar fashion to how we do ours, in a progressive fashion. My advice to anybody who crosses an international border is to be truthful. If you are asked, you should tell the truth. But again—

4:05 p.m.

Liberal

Nathaniel Erskine-Smith Liberal Beaches—East York, ON

I appreciate that, but truthfulness in this case may mean I don't get into the U.S.

Thank you very much. I'm out of time.

4:05 p.m.

Conservative

The Chair Conservative Bob Zimmer

Mr. Blaney, for five minutes.

September 27th, 2017 / 4:05 p.m.

Conservative

Steven Blaney Conservative Bellechasse—Les Etchemins—Lévis, QC

Mr. Chair, thank you for welcoming me to the committee.

My thanks to the witnesses for being here today.

Essentially, my questions will deal with the changes that are likely to come after Bill C-21 receives royal assent. I would like to know what will change in the entry/exit initiative, compared to your current activities.

My question goes to Mr. Bolduc.

You mentioned that, when people who appear at the border have a visa, you begin to collect information. Is that the case?

4:05 p.m.

Vice-President, Programs Branch, Canada Border Services Agency

Martin Bolduc

With certain visas issued by our colleagues at Immigration, Refugees and Citizenship Canada, the foreign visa officer takes a biometric measurement, which is to say fingerprints, so that it is possible to confirm that a person arriving at a Canadian point of entry is really the person to whom the visa has been issued. We then confirm the authenticity of the fingerprints. There is a validation system to make sure that it really is the right person.

4:05 p.m.

Conservative

Steven Blaney Conservative Bellechasse—Les Etchemins—Lévis, QC

So, when foreigners want to come to Canada and apply for visas, they provide their passports and their fingerprints. When they arrive at the border, you check those two items of information, the passport and the fingerprints. Is that what you are saying?

4:05 p.m.

Vice-President, Programs Branch, Canada Border Services Agency

Martin Bolduc

Exactly. That is the case for people from a certain number of countries. I do not remember all the countries on the list.

4:05 p.m.

Conservative

Steven Blaney Conservative Bellechasse—Les Etchemins—Lévis, QC

Okay.

I missed your presentation and I apologize for that, but can you tell me whether, as far as the Canadian Air Transport Security Authority is concerned, there is any difference in the baggage handling in cases where there are visas? Does the fact that a person has a visa have any effect on the treatment they receive at the airport?

4:05 p.m.

Vice-President, Corporate Services and Corporate Secretary, Canadian Air Transport Security Authority

John Stroud

I don't believe so.

Our mandate is pretty straightforward. There's a list of prohibited items prepared by Transport Canada, and we screen everybody to the same standard. We apply the rules uniformly.

4:10 p.m.

Conservative

Steven Blaney Conservative Bellechasse—Les Etchemins—Lévis, QC

Great, thank you.

Now, if we assume that the entry/exit initiative is passed, can you explain to us how things will be different? As it will affect Canadian citizens, can you tell us what differences will be involved?

Afterwards, I will perhaps deal with the privacy issues.

4:10 p.m.

Vice-President, Programs Branch, Canada Border Services Agency

Martin Bolduc

At the moment, we exchange information with our American colleagues on foreign nationals, permanent residents and American citizens. When a permanent resident of Canada enters the United States, it means that they are leaving Canada. When that person comes back to the land border, coming back into Canada means leaving the United States. That information is exchanged digitally, almost immediately, in less than about 15 minutes. Essentially, the information exchanged is the information on page 2 of the passport: name, citizenship and date of birth. Then the date on which the person entered or left is added, plus the place where that occurred.

The difference the bill will make is that it gives us the legal authority to gather information on Canadian citizens and, in the case of the land border, to exchange that information with the United States. We will also be able to gather information on all travellers leaving Canada by air. At the moment, the agency does not gather that information. That will not be exchanged with the Americans. It will be useful only to the Government of Canada.

4:10 p.m.

Conservative

Steven Blaney Conservative Bellechasse—Les Etchemins—Lévis, QC

Do you not already gather that information for some types of citizens or travellers?

4:10 p.m.

Vice-President, Programs Branch, Canada Border Services Agency

Martin Bolduc

Not if they are travelling by air, no.

4:10 p.m.

Conservative

Steven Blaney Conservative Bellechasse—Les Etchemins—Lévis, QC

If they are travelling by land?

4:10 p.m.

Vice-President, Programs Branch, Canada Border Services Agency

Martin Bolduc

At the land border, yes, we gather that information for the three groups.

However, on entry, we gather information on everyone arriving in Canada, whatever their nationality. What the bill will make it possible for us to do is to gather information on Canadians at all land borders, and on all travellers when they leave by air. As I said, the information obtained at the land border will be exchanged with the Americans, but not information when travel is by air.

4:10 p.m.

Conservative

Steven Blaney Conservative Bellechasse—Les Etchemins—Lévis, QC

Okay. Are you going to—