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Bill C-23, An Act respecting the preclearance of persons and goods in Canada and the United States
In accordance with its Order of Reference of Monday, March 6, 2017, your Committee has considered Bill C-23, An Act respecting the preclearance of persons and goods in Canada and the United States, and agreed on Wednesday, June 14, 2017, to report it with the following amendments:

Clause 2

That Bill C-23, in Clause 2, be amended by replacing line 17 on page 2 with the following:

“tion 11(2) or 34(2), section 41 or 45 or subsection 59(1), a Minister”

That Bill C-23, in Clause 2, be amended by adding after line 24 on page 2 the following:

“(3) For greater certainty, in this Act Act of Parliament means an Act of the Parliament of Canada.”

Clause 4

That Bill C-23, in Clause 4, be amended by replacing line 3 on page 3 with the following:

“ters for the purpose of section 6, 7 or 8, subsection 11(2) or 34(2),”

Clause 5

That Bill C-23, in Clause 5, be amended by replacing lines 14 to 18 on page 3 with the following:

border services officer means a person who is

(a) employed by the Canada Border Services Agency in the administration or enforcement of the Customs Act, the Customs Tariff or the Special Import Measures Act;

(b) designated under subsection 9(2) of the Canada Border Services Agency Act; or

(c) designated or authorized under section 6 of the Immigration and Refugee Protection Act. (agent des services frontaliers)”

Clause 11

That Bill C-23, in Clause 11, be amended by adding after line 18 on page 5 the following:

“(2) The Minister must, in accordance with paragraph 2 of Article IX of the Agreement, provide every preclearance officer with training on the Canadian law that applies to the exercise of the preclearance officer’s powers and the performance of their duties and functions under this Act.”

Clause 22

That Bill C-23, in Clause 22, be amended by replacing line 27 on page 9 with the following:

“(4) A preclearance officer may conduct the strip search, in a manner consistent with section 11, if”

New Clause 26.1

That Bill C-23 be amended by adding after line 12 on page 12 the following new clause:

“26.1 Regardless of any applicable recourse, a traveller may, in a prescribed manner, inform the Canadian senior officials of the Preclearance Consultative Group established under the Agreement of any situation referred to in sections 22, 23 and 24, subsection 31(2) and section 32 of this Act.”

Clause 46

That Bill C-23, in Clause 46, be amended by replacing lines 15 to 20 on page 20 with the following:

border services officer means a person who is assigned to conduct preclearance in the United States and is

(a) employed by the Canada Border Services Agency in the administration or enforcement of the Customs Act, the Customs Tariff or the Special Import Measures Act;

(b) designated under subsection 9(2) of the Canada Border Services Agency Act; or

(c) designated or authorized under section 6 of the Immigration and Refugee Protection Act. (agent des services frontaliers)”

Clause 53

That Bill C-23, in Clause 53, be amended by replacing, in the English version, line 5 on page 26 with the following:

“son who is employed, designated or authorized as set out in the defi-”

New Clause 62.1

That Bill C-23 be amended by adding after line 16 on page 31 the following new clause:

“PART 3.1

INDEPENDENT REVIEW

62.1 Five years after this Act comes into force, the Minister must cause to be conducted an independent review of this Act, and its administration and operation, and must cause a report on the review to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the review is completed.”

Your Committee has ordered a reprint of Bill C-23, as amended, as a working copy for the use of the House of Commons at the report stage.
A copy of the relevant Minutes of Proceedings (Meetings Nos. 62 to 66 and 70) is tabled.