Evidence of meeting #12 for Public Safety and National Security in the 45th Parliament, 1st session. (The original version is on Parliament’s site, as are the minutes.) The winning word was c-8.

A video is available from Parliament.

On the agenda

Members speaking

Before the committee

Gary Anandasangaree  Minister of Public Safety
Arbour  Director General, Telecommunications and Internet Policy Branch, Department of Industry
MacSween  Director General, National Cyber Security Directorate, Department of Public Safety and Emergency Preparedness
Bilodeau  Senior Assistant Deputy Minister, National Cyber and Security Branch, Department of Public Safety and Emergency Preparedness
O'Gorman  President, Canada Border Services Agency
Gionet  Acting Assistant Deputy Minister, Protection and Family Programs Sector, Department of Citizenship and Immigration
Lang  Director General, Integrity Policy and Programs, Department of Citizenship and Immigration
Boudreau  Deputy Commissioner, Federal Policing, Royal Canadian Mounted Police

Sima Acan Liberal Oakville West, ON

Thank you, Mr. Chair.

Minister, during the pandemic, IRCC faced unprecedented backlogs and delays.

If the powers in Bill C-12 had existed during COVID, how would that have helped manage the situation more efficiently and provided clearer direction to applicants and families at the time?

Gary Anandasangaree Liberal Scarborough—Guildwood—Rouge Park, ON

I note that I think Minister Diab answered a number of these questions at the immigration committee, but I'll just reaffirm that post-COVID and during COVID, one of the challenges that we had under IRPA was our inability to cease processing, to suspend it or to turn people away from processing.

It is one of the drivers, I believe, that has brought forward provisions in Bill C-12 that enable the Minister of Immigration, through order in council, to be able to terminate or to suspend certain immigration documents.

Sima Acan Liberal Oakville West, ON

Thank you, Minister.

Going forward, how will these new authorities make us better prepared for future emergencies without disrupting regular immigration processes?

Gary Anandasangaree Liberal Scarborough—Guildwood—Rouge Park, ON

I believe that this is very much in line with the previous conversation we had around cybersecurity. There are emerging threats to our systems. On the immigration front, there are a great number of world events taking place that will impact our intake and our processing of immigration documents. There have been, around the world, many cyber-incidents that have disabled or tarnished systems, and this pre-emptive move by our government is to ensure that we have the tools necessary if and when they may need to be used.

My sincere hope is that it doesn't have to be used or has to be used rarely, but in the event that we need to use it, those tools are available in our tool box.

Sima Acan Liberal Oakville West, ON

Thank you, Minister.

Bill C-12 makes important updates to both the Customs Act and the Oceans Act, strengthening Canada's ability to secure its border on land and at sea.

Under part 1 of Bill C-12, the Customs Act would be amended to give CBSA stronger authority to access and examine goods in export facilities and warehouses that were previously harder to inspect. How will the new authorities under the act help CBSA better prevent illegal goods and contraband from leaving Canada, while keeping trade efficient for legitimate exporters?

Gary Anandasangaree Liberal Scarborough—Guildwood—Rouge Park, ON

That's a great question.

This summer I had a chance to go to many ports of entry, many port authorities. One common theme that we saw.... It's not that we don't have the legislative authority. The CBSA has the legislative authority to search outbound goods. However, we don't compel ports, entry points or exit points to provide search facilities.

What the amendments to the Customs Act will do is, essentially, provide exit search capabilities, whether it's on site or a bit far from it.

The Gordie Howe bridge is an area where.... You and I were there together a few months ago. We saw first-hand how advanced those facilities are. Many of our ports of entry are much older and don't have that facility.

This really encourages and enables those ports to have these services available to us.

Sima Acan Liberal Oakville West, ON

Could you pause my time for one second? I think, Mr. Chair, there is a problem with the microphone. The last portion didn't come to my earpiece. Did you hear the question, or rather, the answer?

The Chair Liberal Jean-Yves Duclos

I heard the question, but for certainty, we will ask the technician to look into that.

Thank you.

Sima Acan Liberal Oakville West, ON

Thank you so much, Mr. Chair.

Minister, will CBSA have the resources and the technology it needs to apply these powers efficiently at high-volume ports such as Montreal and Vancouver?

Gary Anandasangaree Liberal Scarborough—Guildwood—Rouge Park, ON

I'm going to ask the president to answer that question, if that's okay.

12:20 p.m.

President, Canada Border Services Agency

Erin O'Gorman

Both the border plan and the most recent budget have allocated funding for detection technology for CBSA and additional officers. We will allocate those officers based on risk. Given where the volumes are coming from, certainly marine ports are one area we would look to enhance.

The port owners and operators, I have to say, are good partners. This doesn't reflect their not providing us space, but it's also a legal certainty for them, for their board of directors, as they have to spend money to create, potentially, additional facilities for CBSA. They are quite happy with that certainty.

Sima Acan Liberal Oakville West, ON

Thank you for that, Ms. O'Gorman.

Of course, securing our borders isn't just about what leaves or enters through land crossings; it also extends to our waters, as mentioned. Under part 4 of Bill C-12, the Oceans Act would be amended to give the Canadian Coast Guard a formal security mandate, including the authority to collect and share intelligence with CBSA, the RCMP and Public Safety.

How will this new authority improve coordination among agencies to help Canada respond faster to smuggling, illegal fishing and other transnational threats at sea?

Gary Anandasangaree Liberal Scarborough—Guildwood—Rouge Park, ON

I believe we already have a great deal of coordination that takes place among the agencies, both within Canada and with many of our partners south of the border. The Detroit operation centre, for example, and our customs, our CBSA, as well as the RCMP, have ongoing dialogue. In every area along the U.S.-Canada border, we have ongoing communication that is essential to guard our border.

The expansion of the role for the Coast Guard in [Inaudible—Editor]—

The Chair Liberal Jean-Yves Duclos

You have 10 seconds.

Gary Anandasangaree Liberal Scarborough—Guildwood—Rouge Park, ON

—but particularly in the north, will advise and allow us even greater coordination.

Sima Acan Liberal Oakville West, ON

Thank you, Minister.

The Chair Liberal Jean-Yves Duclos

Thank you, Ms. Acan.

I now yield the floor to Mr. Brunelle‑Duceppe for six minutes. Welcome.

Alexis Brunelle-Duceppe Bloc Lac-Saint-Jean, QC

Thank you, Mr. Chair. That’s very kind of you.

Thank you to the minister, and the government officials, for joining us today.

Minister, the current situation is that an individual who crosses the border illegally, hides illegally for 14 days and then shows proof that they have been on Canadian soil for 14 days can file a proper claim for asylum.

Can you explain the logic behind this provision?

Gary Anandasangaree Liberal Scarborough—Guildwood—Rouge Park, ON

Thank you for the question, Mr. Brunelle‑Duceppe.

The logic is built within the safe third country agreement between Canada and the United States, as you're aware. We came to an agreement—I believe it was early last year—with respect to irregular border crossings between Canada and the U.S. The 14-day period was embedded as part of one of the exemptions to the safe third country agreement.

The IRCC has found that it is an area in which those dates could be manipulated. In order to ensure that those loopholes are not used in an adverse way.... That is the primary reason it's embedded within this legislation.

Alexis Brunelle-Duceppe Bloc Lac-Saint-Jean, QC

No, I think you might be wrong there. The provision I’m talking about, which relates to the 14-day period, has been in place since an order was signed with Mr. Biden. You’re talking about what happened last year—that’s different.

Originally—

Gary Anandasangaree Liberal Scarborough—Guildwood—Rouge Park, ON

My point is that it's in the safe third country agreement.

Alexis Brunelle-Duceppe Bloc Lac-Saint-Jean, QC

Yes, but you haven’t explained the logic behind it.

From what I understand of Bill C‑12, a person’s asylum claim will not be accepted even if they show they have remained within Canada for 14 days. I have to say that this provision is somewhat schizophrenic, when you think about it: In order to be able to properly file an asylum claim, you first have to have broken the law. That really is quite something.

Bill C‑12 says that this type of asylum claim will no longer be accepted. On the other hand, will an individual be able to apply for a pre-removal risk assessment if they’ve crossed the border irregularly, hidden for 14 days and provided proof of this?

Gary Anandasangaree Liberal Scarborough—Guildwood—Rouge Park, ON

Those who either are deemed to be ineligible through the safe third country agreement or are in Canada for a year will both be eligible for a pre-removal risk assessment, yes.

Alexis Brunelle-Duceppe Bloc Lac-Saint-Jean, QC

I’m not sure I understand your answer.

Under Bill C‑12, will the person in the example I just gave you—which I will not repeat needlessly—have access to the pre-removal risk assessment, even if their claim is illegitimate? Yes or no?

Gary Anandasangaree Liberal Scarborough—Guildwood—Rouge Park, ON

Yes.