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Minutes of Proceedings

42nd Parliament, 1st Session
Meeting No. 70
Wednesday, June 14, 2017, 4:13 p.m. to 7:29 p.m.
Presiding
Robert Oliphant, Chair (Liberal)

Library of Parliament
• Tanya Dupuis, Analyst
• Dominique Valiquet, Analyst
 
House of Commons
• Philippe Méla, Legislative Clerk
The Committee proceeded to the consideration of matters related to Committee business.

At 4:18 p.m., Matthew Dubé took the Chair.

At 4:20 p.m., Robert Oliphant took the Chair.

It was agreed, — That the Committee wishes to thank Rob Oliphant for the leadership he has demonstrated in his capacity as Chair of the Committee and; that it wishes to express its support and confidence in his continued leadership.

It was agreed, — That, on Monday, June 19, 2017, The Committee begin its study of Bill S-231 by hearing the sponsors from 3:30 to 4:15 p.m., a panel composed of police representatives from 4:15 to 5:00 p.m. and a panel composed of journalists from 5:00 to 5:45 p.m.

It was agreed, — That, after having heard the witnesses, the Committee proceed immediately to clause-by-clause consideration of Bill S-231.

It was agreed, — That the proposed budget in the amount of $9,900.00, for the study of Bill S-231, be adopted.

At 4:35 p.m., the sitting was suspended.

At 4:38 p.m., the sitting resumed.

Department of Public Safety and Emergency Preparedness
• Jill Wherrett, Acting Assistant Deputy Minister, Portfolio Affairs and Communications Branch
Canada Border Services Agency
• Sébastien Aubertin-Giguère, Director General, Traveller Program Directorate
• Madona Radi, Director, Program and Policy Management Division
Department of Justice
• Scott Nesbitt, Senior Counsel
• Kristen Ali, Counsel
• Erin McKey, Acting General Counsel
Pursuant to the Order of Reference of Monday, March 6, 2017, the Committee commenced consideration of Bill C-23, An Act respecting the preclearance of persons and goods in Canada and the United States.

The Committee commenced its clause-by-clause study of the Bill.

The witnesses answered questions.

Pursuant to Standing Order 75(1), consideration of Clause 1, Short Title, and of the Preamble was postponed.

The Chair called Clause 2.

On Clause 2,

Pam Damoff moved, — 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”

After debate, the question was put on the amendment of Pam Damoff and it was agreed to, by a show of hands: YEAS: 5; NAYS: 0.

The Chair ruled that the following two (2) amendments were consequential to the previous amendment and therefore they were also adopted:

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),”

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.”

René Arseneault moved, — 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.”

After debate, the question was put on the amendment of René Arseneault and it was agreed to, by a show of hands: YEAS: 6; NAYS: 0.

Clause 2, as amended, carried by a show of hands: YEAS: 5; NAYS: 0.

Clause 3 carried by a show of hands: YEAS: 6; NAYS: 1.

Clause 4, as amended, carried by a show of hands: YEAS: 5; NAYS: 0.

On Clause 5,

Michel Picard moved, — 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)”

After debate, the question was put on the amendment of Michel Picard and it was agreed to, by a show of hands: YEAS: 5; NAYS: 0.

The Chair ruled that the following two (2) amendments were consequential to the previous amendment and therefore they were also adopted:

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)”

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-”

Clause 5, as amended, carried by a show of hands: YEAS: 5; NAYS: 1.

Clause 6 carried by a show of hands: YEAS: 6; NAYS: 1.

Clause 7 carried by a show of hands: YEAS: 6; NAYS: 1.

Clause 8 carried by a show of hands: YEAS: 6; NAYS: 1.

Clause 9 carried by a show of hands: YEAS: 6; NAYS: 1.

Clause 10 carried by a show of hands: YEAS: 5; NAYS: 1.

Clause 11, as amended, carried by a show of hands: YEAS: 7; NAYS: 0.

On Clause 12,

Pursuant to the order adopted by the Committee on Tuesday, May 3, 2016, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-23, in Clause 12, be amended by adding after line 27 on page 5 the following:

“(2.1) For greater certainty, any monetary penalties or other civil sanctions imposed in the course of preclearing travellers and goods are subject to any review provided for under the laws of the United States.”

After debate, the question was put on the amendment of Elizabeth May and it was negatived, by a show of hands: YEAS: 1; NAYS: 7.

Clause 12 carried by a show of hands: YEAS: 6; NAYS: 0.

Clause 13 carried by a show of hands: YEAS: 5; NAYS: 0.

On Clause 14,

Matthew Dubé moved, — That Bill C-23, in Clause 14, be amended by replacing line 11 on page 6 with the following:

“an Act of Parliament in connection with the travel, whether punishable by indictment or on summary conviction, the officer may, in a preclearance”

After debate, the question was put on the amendment of Matthew Dubé and it was negatived, by a show of hands: YEAS: 1; NAYS: 7.

Clause 14 carried by a show of hands: YEAS: 5; NAYS: 1.

Clause 15 carried by a show of hands: YEAS: 6; NAYS: 1.

Clause 16 carried by a show of hands: YEAS: 6; NAYS: 1.

On Clause 17,

Matthew Dubé moved, — That Bill C-23, in Clause 17, be amended by adding after line 17 on page 7 the following:

“Section 17(f) employees of a facility holding a Marine Transportation Security Clearance made under the Marine Transportation Security Regulations, SOR/2004-144”

At 5:02 p.m., the sitting was suspended.

At 5:06 p.m., the sitting resumed.

After debate, the question was put on the amendment of Matthew Dubé and it was negatived.

After debate, Clause 17 carried by a show of hands: YEAS: 6; NAYS: 1.

Clause 18 carried by a show of hands: YEAS: 6; NAYS: 1.

Clause 19 carried by a show of hands: YEAS: 5; NAYS: 1.

Clause 20 carried by a show of hands: YEAS: 6; NAYS: 1.

Clause 21 carried by a show of hands: YEAS: 5; NAYS: 1.

On Clause 22,

Matthew Dubé moved, — That Bill C-23, in Clause 22, be amended by deleting lines 27 to 37 on page 9.

After debate, the question was put on the amendment of Matthew Dubé and it was negatived, by a show of hands: YEAS: 1; NAYS: 6.

Tony Clement moved, — That Bill C-23, in Clause 22, be amended by replacing lines 27 to 37 on page 9 with the following:

“(4) It is prohibited for a preclearance officer to conduct a strip search. If no border services officer is available to conduct the strip search, the traveller may be detained for a reasonable time while a border services officer becomes available to conduct the search.”

After debate, the question was put on the amendment of Tony Clement and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

René Arseneault moved, — 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”

After debate, the question was put on the amendment of René Arseneault and it was agreed to, by a show of hands: YEAS: 5; NAYS: 3.

Matthew Dubé moved, — That Bill C-23, in Clause 22, be amended by replacing lines 2 to 4 on page 10 with the following:

“observed by a preclearance officer who is of the same gender as the traveller or, if no such preclearance officer is available, by any suitable person of the same gender as the trav-”

After debate, the question was put on the amendment of Matthew Dubé and it was negatived, by a show of hands: YEAS: 3; NAYS: 5.

Clause 22, as amended, carried on the following recorded division:

YEAS: Mel Arnold, René Arseneault, Tony Clement, Pam Damoff, Nicola Di Iorio, Michel Picard, Sven Spengemann — 7;

NAYS: Matthew Dubé — 1.

Clause 23 carried by a show of hands: YEAS: 4; NAYS: 1.

Clause 24 carried by a show of hands: YEAS: 5; NAYS: 1.

On Clause 25,

Pursuant to the order adopted by the Committee on Tuesday, May 3, 2016, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-23, in Clause 25, be amended by replacing line 2 on page 12 with the following:

“conduct the search and that the search is necessary for the purpose of conducting preclearance.”

After debate, the question was put on the amendment of Elizabeth May and it was negatived, by a show of hands: YEAS: 3; NAYS: 5.

Clause 25 carried by a show of hands: YEAS: 6; NAYS: 1.

On Clause 26,

Matthew Dubé moved, — That Bill C-23, in Clause 26, be amended

(a) by replacing lines 5 to 7 on page 12 with the following:

“of sections 21 to 23 of a person of the opposite gender. If no such officer of the same gender as the person is available, the officer may authorize any suitable person of the same gender”

(b) by replacing line 10 on page 12 with the following:

“authorize a person of the same gender as the traveller being”

At 5:56 p.m., the sitting was suspended.

At 6:05 p.m., the sitting resumed.

After debate, the question was put on the amendment of Matthew Dubé and it was negatived on the following recorded division:

YEAS: Mel Arnold, Tony Clement, Matthew Dubé, Dianne L. Watts — 4;

NAYS: René Arseneault, Pam Damoff, Nicola Di Iorio, Michel Picard, Sven Spengemann — 5.

Clause 26 carried by a show of hands: YEAS: 5; NAYS: 1.

On new Clause 26.1,

Michel Picard moved, — That Bill C-23 be amended by adding after line 12 on page 12 the following new clause:

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

Debate arose thereon.

At 6:20 p.m., the sitting was suspended.

At 6:27 p.m., the sitting resumed.

Sven Spengemann moved, — That the amendment be amended by replacing the word “Council” with the words “Preclearance Consultative Group”.

After debate, the question was put on the subamendment of Sven Spengemann and it was agreed to, by a show of hands: YEAS: 7; NAYS: 1.

Nicola Di Iorio moved, — That the amendment be amended by replacing the words “26.1 A traveller” with the words “26.1 Regardless of any applicable recourse, a traveller”.

After debate, the question was put on the subamendment of Nicola Di Iorio and it was agreed to, by a show of hands: YEAS: 4; NAYS: 0.

The question was put on the amendment of Michel Picard, as amended, and it was agreed to, by a show of hands: YEAS: 4; NAYS: 0.

Clause 26.1, as amended, carried by a show of hands: YEAS: 4; NAYS: 0.

Clause 27 carried by a show of hands: YEAS: 4; NAYS: 1.

Clause 28 carried by a show of hands: YEAS: 4; NAYS: 0.

On Clause 29,

Matthew Dubé moved, — That Bill C-23, in Clause 29, be amended by replacing line 12 on page 13 with the following:

“preclearance and may leave a pre-”

After debate, the question was put on the amendment of Matthew Dubé and it was negatived, by a show of hands: YEAS: 1; NAYS: 4.

Clause 29 carried by a show of hands: YEAS: 4; NAYS: 0.

On Clause 30,

Pursuant to the order adopted by the Committee on Tuesday, May 3, 2016, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-23, in Clause 30, be amended by replacing lines 18 and 19 on page 13 with the following:

“pose of identifying the traveller; and”

After debate, the question was put on the amendment of Elizabeth May and it was negatived, by a show of hands: YEAS: 1; NAYS: 4.

Clause 30 carried on the following recorded division:

YEAS: Mel Arnold, René Arseneault, Pam Damoff, Nicola Di Iorio, Michel Picard, Sven Spengemann, Dianne L. Watts — 7;

NAYS: Matthew Dubé — 1.

On Clause 31,

Matthew Dubé moved, — That Bill C-23, in Clause 31, be amended

(a) by replacing lines 25 and 26 on page 13 with the following:

“the duties and functions, under sections 13 to 15.”

(b) by deleting line 27 on page 13 to line 22 on page 14.

After debate, the question was put on the amendment of Matthew Dubé and it was negatived, by a show of hands: YEAS: 1; NAYS: 5.

Pursuant to the order adopted by the Committee on Tuesday, May 3, 2016, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-23, in Clause 31, be amended by replacing line 2 on page 14 with the following:

“ing them;”

After debate, the question was put on the amendment of Elizabeth May and it was negatived, by a show of hands: YEAS: 0; NAYS: 5.

Clause 31 carried on the following recorded division:

YEAS: Mel Arnold, René Arseneault, Pam Damoff, Nicola Di Iorio, Michel Picard, Sven Spengemann, Dianne L. Watts — 7;

NAYS: Matthew Dubé — 1.

On Clause 32,

Matthew Dubé moved, — That Bill C-23, in Clause 32, be amended by replacing line 26 on page 14 with the following:

“liament in connection with the travel, whether punishable by indictment or on summary conviction, the officer may, for the purpose of maintaining”

After debate, the question was put on the amendment of Matthew Dubé and it was negatived, by a show of hands: YEAS: 1; NAYS: 5.

Matthew Dubé moved, — That Bill C-23, in Clause 32, be amended by deleting lines 4 to 16 on page 15.

After debate, the question was put on the amendment of Matthew Dubé and it was negatived, by a show of hands: YEAS: 2; NAYS: 5.

Matthew Dubé moved, — That Bill C-23, in Clause 32, be amended by adding after line 19 on page 15 the following:

“(4) A preclearance officer does not have reasonable ground to search a traveller or to suspect that they have committed an offence under an Act of Parliament in connection with the travel punishable by indictment or on summary conviction merely because the traveller refuses to answer a question from the officer.”

After debate, the question was put on the amendment of Matthew Dubé and it was negatived, by a show of hands: YEAS: 1; NAYS: 5.

Clause 32 carried on the following recorded division:

YEAS: Mel Arnold, René Arseneault, Pam Damoff, Nicola Di Iorio, Michel Picard, Sven Spengemann, Dianne L. Watts — 7;

NAYS: Matthew Dubé — 1.

On Clause 33,

Matthew Dubé moved, — That Bill C-23, in Clause 33, be amended

(a) by replacing lines 24 and 25 on page 15 with the following:

“Canada and the United States.”

(b) by replacing line 31 on page 15 with the following:

“paragraph 32(1)(b) to produce biometric”

After debate, the question was put on the amendment of Matthew Dubé and it was negatived, by a show of hands: YEAS: 1; NAYS: 5.

Clause 33 carried by a show of hands: YEAS: 5; NAYS: 1.

On Clause 34,

Pursuant to the order adopted by the Committee on Tuesday, May 3, 2016, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-23, in Clause 34, be amended by replacing lines 26 to 28 on page 16 with the following:

“the laws referred to in subsection (1), dispose of any goods that they have seized or accepted or return any goods that they have seized to the traveller and allow the traveller to enter the United States if there is no reason to further detain him or her.”

After debate, the question was put on the amendment of Elizabeth May and it was negatived, by a show of hands: YEAS: 1; NAYS: 4.

Pursuant to the order adopted by the Committee on Tuesday, May 3, 2016, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-23, in Clause 34, be amended by adding after line 28 on page 16 the following:

“(5) The Canadian Border Services Agency may review any decision by a preclearance officer to seize or cancel a traveller’s membership card in a program for pre-approved, low-risk travellers entering the United States at designated air, land and marine ports of entry.”

After debate, the question was put on the amendment of Elizabeth May and it was negatived, by a show of hands: YEAS: 1; NAYS: 5.

Clause 34 carried by a show of hands: YEAS: 6; NAYS: 0.

By unanimous consent, Clauses 35 to 38 inclusive carried severally by a show of hands: YEAS: 8; NAYS: 1.

Clause 39 carried on the following recorded division:

YEAS: Mel Arnold, René Arseneault, Tony Clement, Pam Damoff, Nicola Di Iorio, Michel Picard, Sven Spengemann, Dianne L. Watts — 8;

NAYS: Matthew Dubé — 1.

By unanimous consent, Clauses 40 to 45 inclusive carried severally by a show of hands: YEAS: 7; NAYS: 1.

Clause 46, as amended, carried by a show of hands: YEAS: 6; NAYS: 0.

Clause 47 carried by a show of hands: YEAS: 4; NAYS: 1.

On Clause 48,

Pursuant to the order adopted by the Committee on Tuesday, May 3, 2016, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-23, in Clause 48, be amended by deleting lines 28 to 30 on page 22.

After debate, the question was put on the amendment of Elizabeth May and it was negatived, by a show of hands: YEAS: 1; NAYS: 5.

Pursuant to the order adopted by the Committee on Tuesday, May 3, 2016, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-23, in Clause 48, be amended

(a) by replacing lines 6 and 7 on page 23 with the following:

“is of the opinion that a foreign national in a preclearance area or preclearance perimeter”

(b) by replacing lines 14 to 17 on page 23 with the following:

“ed, he or she may refuse to permit the foreign national from entering Canada through the preclearance area”

(c) by replacing lines 28 and 29 on page 23 with the following:

“tween classes of foreign nationals.”

(d) by replacing lines 30 and 31 on page 23 with the following:

“(8) In this section, foreign national has the same meaning as in subsection 2(1) of”

After debate, the question was put on the amendment of Elizabeth May and it was negatived, by a show of hands: YEAS: 1; NAYS: 5.

Clause 48 carried by a show of hands: YEAS: 5; NAYS: 1.

By unanimous consent, Clauses 49 to 52 inclusive carried severally by a show of hands: YEAS: 6; NAYS: 1.

Clause 53, as amended, carried by a show of hands: YEAS: 4; NAYS: 0.

By unanimous consent, Clauses 54 to 60 inclusive carried severally by a show of hands: YEAS: 6; NAYS: 1.

On New Clause 60.1,

Pursuant to the order adopted by the Committee on Tuesday, May 3, 2016, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-23 be amended by adding after line 28 on page 29 the following new clause:

“PART 2.1

TRANSITIONAL PROVISION

60.1 (1) The Minister of Public Safety and Emergency Preparedness must establish an advisory board that includes representatives of the legal community, such as official representatives of the Canadian Bar Association, in order to develop a policy on searches of the electronic devices and documents of travellers entering or leaving Canada that preserves solicitor-client privilege and allows claims in relation to that privilege with recourse to Canadian courts.

(2) The members of the advisory board are not entitled to be paid any remuneration for acting as members.”

After debate, the question was put on the amendment of Elizabeth May and it was negatived, by a show of hands: YEAS: 1; NAYS: 6.

At 7:15 p.m., the sitting was suspended.

At 7:18 p.m., the sitting resumed.

Pursuant to the order adopted by the Committee on Tuesday, May 3, 2016, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-23 be amended by adding after line 28 on page 29 the following new clause:

“REPORTS

60.1 (1) Every five years after the coming into force of this section, the Minister must cause an independent review to be conducted of the provisions and administration of this Act.

(2) The Minister must cause the 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 report is completed.

60.2 (1) Every year after the coming into force of this section, the Minister must prepare a report containing data on the exercise of statutory powers under this Act in relation to preclearance areas.

(2) The Minister must cause the annual report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the report is completed.”

After debate, the question was put on the amendment of Elizabeth May and it was negatived, by a show of hands: YEAS: 4; NAYS: 3.

Clause 61 carried by a show of hands: YEAS: 5; NAYS: 1.

After debate, Clause 62 carried by a show of hands: YEAS: 5; NAYS: 1.

On new Clause 62.1,

Matthew Dubé moved, — 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.”

After debate, the question was put on the amendment of Matthew Dubé and it was agreed to, by a show of hands: YEAS: 9; NAYS: 0.

Clause 63 carried by a show of hands: YEAS: 3; NAYS: 0.

Clause 64 carried by a show of hands: YEAS: 4; NAYS: 0.

Clause 65 carried by a show of hands: YEAS: 3; NAYS: 0.

Clause 1, Short Title, carried by a show of hands: YEAS: 5; NAYS: 0.

The Schedule carried by a show of hands: YEAS: 5; NAYS: 0.

The Preamble carried by a show of hands: YEAS: 5; NAYS: 0.

The Title carried by a show of hands: YEAS: 5; NAYS: 0.

The Bill, as amended, carried on the following recorded division: YEAS: Mel Arnold, René Arseneault, Tony Clement, Pam Damoff, Nicola Di Iorio, Michel Picard, Sven Spengemann, Dianne L. Watts — 8; NAYS: Matthew Dubé — 1.

ORDERED, — That the Chair report the Bill, as amended, to the House.

ORDERED, — That Bill C-23, as amended, be reprinted for the use of the House at report stage.

At 7:29 p.m., the Committee adjourned to the call of the Chair.



Jean-Marie David
Clerk of the Committee