Standing Senate Committee on National Security and Defence

Report of the committee

Wednesday, April 5, 2017

The Standing Senate Committee on National Security and Defence has the honour to present its

EIGHTH REPORT

Your committee, to which was referred Bill S-233, An Act to amend the Customs Act and the Immigration and Refugee Protection Act (presentation and reporting requirements), has, in obedience to the order of reference of February 1, 2017, examined the said bill and now reports the same with the following amendments:

1. Clause 2, pages 1 and 2:

(aOn page 1, replace 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 person did not land in Canada and 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 person did not land outside Canada and 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

(bon page 2, delete lines 1 to 16.

2. Clause 3, pages 2 and 3:

(aOn page 2, replace 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

(bon page 3, delete lines 1 to 4.

3. Clause 4, page 3:

(aReplace line 14 with the following:

“tion 11(5) or 12(5); or”; and

(b replace lines 17 and 18 with the following:

“and 12(5) and prescribing the circumstances under which a conveyance or a class thereof”.

4. Clause 5, page 3:

(aReplace line 20 with the following:

5 (1) Subsection 18(1) of the Immigration and”; and

(badd 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.”.

5. Clause 7, page 4:

(aReplace line 6 with the following:

95(1) to (2) of the Customs Act are replaced”; and

(breplace 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 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.

(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 conveyances, 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.”.

Respectfully submitted,

MOBINA S.B. JAFFER

Deputy Chair