Proceedings of the Standing Senate Committee on
National Security and Defence
Issue No. 13 - Minutes of Proceedings - April 3, 2017
OTTAWA, Monday, April 3, 2017
(33)
[English]
The Standing Senate Committee on National Security and Defence met this day at 1:02 p.m., in room 2, Victoria Building, the chair, the Honourable Daniel Lang, presiding.
Members of the committee present: The Honourable Senators Beyak, Boniface, Dagenais, Jaffer, Kenny, Lang, McPhedran, Moncion, Runciman, Saint-Germain and White (11).
Other senator present: The Honourable Senator Mitchell (1).
In attendance: Marcus Pistor, Analyst, Parliamentary Information and Research Services, Library of Parliament.
Also present: The official reporters of the Senate.
Pursuant to the order of reference adopted by the Senate on Wednesday, February 1, 2017, the committee continued its consideration of Bill S-233, An Act to amend the Customs Act and the Immigration and Refugee Protection Act (presentation and reporting requirements). (For complete text of the order of reference, see proceedings of the committee, Issue No. 12.)
WITNESSES:
Canada Border Services Agency:
Madona Radi, Director, Program and Policy Management.
Royal Canadian Mounted Police:
Superintendent Jamie Solesme, Officer in Charge, Federal Coordination Center, Canada-United States, Federal Policing Special Services.
The chair made a statement.
Ms. Radi and Superintendent Solesme answered questions.
At 1:24 p.m., it was agreed that the committee proceed to clause-by-clause consideration of Bill S-233, An Act to amend the Customs Act and the Immigration and Refugee Protection Act (presentation and reporting requirements).
It was agreed that the title stand postponed.
It was agreed that clause 1, which contains the short title, stand postponed.
The chair asked whether clause 2 shall carry.
The Honourable Senator Runciman moved that Bill S-233 be amended in clause 2,
(a) on page 1, by replacing lines 11 to 22 with the following:
"(a) a person who enters Canadian waters, including the inland waters, or the airspace over Canada on board a conveyance directly from outside Canada and then leaves Canada on board the conveyance, as long as the person was continuously on board that conveyance while in Canada and
(i) in the case of a conveyance other than an aircraft, the conveyance did not anchor, moor or make contact with another conveyance while in Canadian waters, including the inland waters, or
(ii) in the case of an aircraft, the conveyance did not land while in Canada; and
(b) a person who leaves Canadian waters, including the inland waters, or the airspace over Canada on board a conveyance and then re-enters Canada on board the conveyance, as long as the person was continuously on board that conveyance while outside Canada and
(i) in the case of a conveyance other than an aircraft, the conveyance did not anchor, moor or make contact with another conveyance while outside Canada, or
(ii) in the case of an aircraft, the conveyance did not land while outside Canada.''; and
(b) on page 2, by deleting lines 1 to 16.
After debate, the question being put on the motion in amendment, it was adopted.
It was agreed that clause 2, as amended, carry.
The chair asked whether clause 3 shall carry.
The Honourable Senator Runciman moved that Bill S-233 be amended in clause 3,
(a) on page 2, by replacing lines 22 to 43 with the following:
"(a) that enters Canadian waters, including the inland waters, or the airspace over Canada directly from outside Canada and then leaves Canada, as long as
(i) in the case of a conveyance other than an aircraft, the conveyance did not anchor, moor or make contact with another conveyance while in Canadian waters, including the inland waters, or
(ii) in the case of an aircraft, the conveyance did not land while in Canada; or
(b) that leaves Canadian waters, including the inland waters, or the airspace over Canada and then re-enters Canada, as long as
(i) in the case of a conveyance other than an aircraft, the conveyance did not anchor, moor or make contact with another conveyance while outside Canada, or
(ii) in the case of an aircraft, the conveyance did not land while outside Canada.''; and
(b) on page 3, by deleting lines 1 to 4.
After debate, the question being put on the motion in amendment, it was adopted.
It was agreed that clause 3, as amended, carry.
The chair asked whether clause 4 shall carry.
The Honourable Senator Runciman moved that Bill S-233 be amended in clause 4, on page 3,
(a) by replacing line 14 with the following:
"tion 11(5) or 12(5); or''; and
(b) by replacing lines 17 and 18 with the following:
"and 12(5) and prescribing the circumstances under which a conveyance or a class thereof''.
After debate, the question being put on the motion in amendment, it was adopted.
It was agreed that clause 4, as amended, carry.
The chair asked whether clause 5 shall carry.
The Honourable Senator Runciman moved that Bill S-233 be amended in clause 5, on page 3,
(a) by replacing line 20 with the following:
"5(1)Subsection 18(1) of the Immigration and;'' and
(b) by adding the following after line 27:
"(2) Section 18 of the Act is amended by adding the following after subsection (2):
"(3) Even though a person seeking to enter Canada is not, in accordance with regulations made under subsection 26(2), required to appear for an examination, an officer may require the person to do so.''.
After debate, the question being put on the motion in amendment, it was adopted.
It was agreed that clause 5, as amended, carry.
It was agreed that clause 6 carry.
The chair asked whether clause 7 shall carry.
The Honourable Senator Runciman moved that Bill S-233 be amended in clause 7, on page 4,
(a) by replacing line 6 with the following:
"95(1) to (2) of the Customs Act are replaced''; and
(b) by replacing lines 8 to 37 with the following:
"95(1) Subject to subsection (1.1) and regulations made under paragraph (2)(a), all goods that are exported shall be reported at any prescribed time and place and in any prescribed manner.
(1.1) Subject to regulations made under paragraphs (2)(c) and (d), subsection (1) does not apply in respect of goods on board a conveyance
(a) that enters Canadian waters, including inland waters, or the airspace over Canada directly from outside Canada and then leaves Canada, as long as
(i) in the case of a conveyance other than an aircraft, the conveyance did not anchor, moor or make contact with another conveyance while in Canadian waters, including the inland waters, or
(ii) in the case of an aircraft, the conveyance did not land while in Canada; or
(b) that leaves Canadian waters, including the inland waters or the airspace over Canada and then re-enters Canada, as long as
(i) in the case of a conveyance other than an aircraft, the conveyance did not anchor, moor or make contact with another conveyance while outside Canada, or
(ii) in the case of an aircraft, the conveyance did not land while outside Canada.
(1.2) However, an officer may require that goods that are exempted under subsection (1.1) or regulations made under paragraph (2)(a) be reported under subsection (1).
(2) The Governor in Council may make regulations
(a) prescribing the classes of goods that are exempted from the requirements of subsection (1) and the circumstances in which any of those classes of goods are not so exempted;
(b) prescribing the classes of persons who are required to report goods under subsection (1) and the circumstances in which they are so required;
(c) prescribing the circumstances in which goods, or classes of goods, on board a conveyance, or a class of conveyance, are required to be reported despite subsection (1.1); and
(d) defining the expression 'make contact with another conveyance' for the purposes of subsection (1.1) and prescribing the circumstances in which a conveyance or class of conveyances makes contact with another conveyance.''.
After debate, the question being put on the motion in amendment, it was adopted.
It was agreed that clause 7, as amended, carry.
It was agreed that clause 1, which contains the short title, carry.
It was agreed that the title carry.
It was agreed that bill, as amended, carry.
It was agreed that the chair report the bill, as amended, to the Senate.
At 3:42 p.m., the committee suspended.
At 3:52 p.m., the committee, pursuant to rule 12-16(1)(d), resumed in camera for the consideration of a draft report.
Pursuant to the order of reference adopted by the Senate on Thursday, April 21, 2016, the committee continued its study on issues related to the Defence Policy Review presently being undertaken by the government. (For complete text of the order of reference, see proceedings of the committee, Issue No. 4.)
At 5:25 p.m., the committee adjourned to the call of the chair.
ATTEST:
Adam Thompson
Clerk of the Committee