Wednesday, May 17, 2023

The Standing Senate Committee on National Security, Defence and Veterans Affairs has the honour to table its

FOURTH REPORT

Your committee, which was authorized to examine the subject matter of those elements contained in Division 24 of Part 4 of Bill C-47, An Act to implement certain provisions of the budget tabled in Parliament on March 28, 2023, has, in obedience to the order of reference of Thursday, April 27, 2023, examined the said subject matter and now reports as follows:

On May 8, 2023, your committee heard from the following witnesses on the subject matter of Division 24 of Part 4 of Bill C-47: officials from the Canada Border Services Agency (CBSA officials); a representative of the Canadian Bar Association’s National Privacy and Access Law Section (the representative of the Canadian Bar Association); and a representative of the Customs and Immigration Union (the representative of CBSA officers).

With the proposed amendments to the Customs Act and the Quarantine Act, at the discretion of the CBSA, travellers entering Canada could present themselves to the CBSA by “means of telecommunication”. These proposed amendments are part of the CBSA’s “Traveller Modernization Initiative”, which CBSA officials described as a long-term transformation in the way that the CBSA processes travellers entering the country.

Recognizing the benefits for travellers and the CBSA, your committee – in appropriate situations – supports the principle of using technology to help process travellers entering Canada. The results could be an improved traveller experience and better prioritization of CBSA resources. However, in the context of the proposed amendments, your committee notes witnesses’ comments in four areas: privacy; differential impacts on various groups of travellers; border security; and consultations with the CBSA officers’ union.

With a focus on privacy, the representative of the Canadian Bar Association proposed that a privacy impact assessment should occur regarding the proposed changes to the CBSA’s ability to collect and store the personal information of travellers.

Concerning differential impacts on various groups of travellers, CBSA officials stated that the CBSA tests all new technologies it is considering in order both to assess effectiveness and to identify any bias that may lead to differential impacts on certain groups of travellers. The representative from the Canadian Bar Association said that technologies adopted by the Government of Canada should not have an adverse effect on particular groups of people, including those who have a disability or those who choose not to use a personal digital device when presenting themselves to the CBSA.

In relation to border security, the representative of CBSA officers commented that the ability for travellers to enter Canada by “means of telecommunication” could have an adverse impact on border security. According to the representative, when CBSA officers interact with travellers in person, they are able to assess the level of risk associated with a particular traveller; if travellers were to present themselves to the CBSA by “means of telecommunication”, the risk assessment could be less accurate.

Regarding consultations with the CBSA officers’ union, the representative of CBSA officers acknowledged that the CBSA’s senior leadership had consulted the union about some challenges facing CBSA officers. However, the representative also noted that the CBSA did not consult the union about these proposed amendments to the Customs Act.

Finally, although not directly related to Division 24 of Part 4, your committee is taking this opportunity to note that the CBSA does not have an independent civilian oversight body to which travellers could make complaints about negative consequences resulting from these proposed amendments. Bill C-20, An Act establishing the Public Complaints and Review Commission and amending certain Acts and statutory instruments, would create such an oversight body. Bill C-20 was introduced in the House of Commons in May 2022 but has not yet been studied in the Senate.

Having studied the subject matter of Division 24, your committee supports these proposed amendments to the Customs Act and to the Quarantine Act.

Respectfully submitted,