moved:
Motion No. 1
That Bill S-23 be amended by adding after line 22 on page 91 the following new clause:
“85.1 At the end of the first year after the coming into force of this Act, the Minister shall prepare a report on the application of its provisions and of any regulations made under those provisions, and shall lay the report without delay before the Standing Committee on Finance.”
Motion No. 2
That Bill S-23 be amended by adding after line 22 on page 91 the following new clause:
“85.2 After concluding its proceedings and hearing all the witnesses whose attendance it considers necessary, the Standing Committee on Finance shall report to the House of Commons on its findings, assessments and recommendations with respect to any amendments to be made to this Act.”
Mr. Speaker, I am pleased to speak to the two amendments I introduced today.
I should point out, first of all, that the Bloc Quebecois is in favour of Bill S-23 overall.
It should also be pointed out that examination of this bill was undertaken long before the events of September 11.
I will return to this point later, but perhaps those events cast this bill in a new light and perhaps they also cause us to have a number of concerns in connection with it.
Generally speaking, we are in favour of this bill, because it is worthy of note that the government wishes to facilitate or enhance the flow of trade, particularly between Canada and the U.S., as well as border crossings by individuals.
I am often told just how strict Canada's customs system is compared to other countries, and how this causes delays at its borders. I do believe that the desire to facilitate or enhance border crossings is a laudable decision.
That said, we must not be lose sight, specifically because of the lessons learned from the events of September 11, of the need to maintain and ensure the security of Canada.
This focuses attention on the two basic functions of the Canada Customs and Revenue Agency, which are, on the one hand, to facilitate the crossing of persons and goods between Canada and other countries, the United States in particular and, on the other, to ensure the security of persons and goods entering Canada, and perhaps those leaving it as well.
We have a number of reservations about this bill, among them its considerable vagueness as to the precise application of its provisions.
Much latitude is left to the regulatory authority. We have not been very satisfied with what we have been able to see so far, in terms of projected regulations,
On the one hand, we do not have a good idea of what this bill's regulations will actually be and, on the other, what idea we do have leads us to believe that the minister will have very considerable arbitrary powers, which creates certain misgivings about the long term application of the bill.
It is for this reason that we would like the proposed legislation, once adopted, to be reviewed and debated in one year's time, in order to allow us to assess the effect that it, and the related regulations, have had. This will also give us the opportunity to see if, given the very particular context we now find ourselves in, we have succeeded in maintaining the delicate but important balance that I mentioned, between smooth trade flow between Canada and other countries, particularly the United States, and the flow of persons on the one hand, and maintaining and ensuring the security of Canada's borders, on the other.
This is essentially the purpose of my amendments, which would allow us to review the legislation in one year and also to hear from witnesses in committee.
It was pointed out to me earlier that there may be a jurisdiction problem.
I had an informal discussion with the government House leader, who told me that this bill specifies the particular committee we would like to review the legislation. We only mentioned the House standing committee.
The reason for this may be the Bloc's natural tendency to want to leave the job of assessing what is good for the population to duly elected members. We have some reservations regarding the other place, which is made up, as we know, of persons who are appointed, and not always for the right reasons. We acknowledge that there are some individuals in the other place who have exceptional professional and personal qualities. However, the fact remains that regardless of the intrinsic qualities of the individuals who make up the other place, the appointment process casts a shadow on the credibility of the institution in a so-called modern democracy such as Canada.
Obviously our natural inclination would be to have the House of Commons, which, as I said, comprises duly elected representatives, study this sort of thing. But if the technical nature of the amendments presents a major obstacle for the government or the other house and would lead ultimately to the defeat of these amendments, we would rather, and I will perhaps have the opportunity to discuss this informally with the minister, go the route of a single amendment by unanimous consent to have the appropriate joint committee of both houses look after the revision.
However, what is important, if only to lessen concerns and shadows of doubt in the bill, is for us to be able to integrate this clause in the body of the law. There is a lot of talk about it at the moment in what is perhaps not the right terminology in French. The aim essentially would be to use the terms used with respect to C-36, a sunset clause. In other words, the bill would have to be reviewed after a year.
I invite all my colleagues to support these amendment proposals. It goes without saying, as I said a few moments ago, that I would not want my colleagues to oppose these two motions just for technical reasons, even if they are important enough to them to cause their defeat. If our colleagues share our concerns, we could work things out to find a formulation that suited all the parties involved.
However, the objective of these two proposed amendments is valid. It is to ensure that we can review the bill after a year. It will mean that, in the present context and given that the bill was drafted long before the events of September 11, we could maintain this fragile but vital balance between the movement of goods and persons between Canada and abroad and the protection of Canadian borders.