Preclearance Act, 2016 - C-23


Latest News


Wed Apr 18, 2018

PASS 293 to 1
Amend Modifying Immigration and Refugee Protection Act, the Civil Marriage Act and the Criminal Code and to make consequential amendments to other Acts
2nd reading of Bill S-210, An Act to amend An Act to amend the Immigration and Refugee Protection Act, the Civil Marriage Act and the Criminal Code and to make consequential amendments to other Acts


PASS 294 to 0
Modifying Historic Sites and Monuments Act (composition of the Board)
Concurrence at report stage of Bill C-374, An Act to amend the Historic Sites and Monuments Act (composition of the Board)




Mon Apr 16, 2018

PASS 185 to 78
Modifying Fisheries Act and other Acts in consequence
2nd reading of Bill C-68, An Act to amend the Fisheries Act and other Acts in consequence




Thu Mar 29, 2018

Introduced
An Act to Amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts



Wed Mar 28, 2018

PASS 294 to 0
An Act respecting Canadian Jewish Heritage Month
3rd reading and adoption of Bill S-232, An Act respecting Canadian Jewish Heritage Month


PASS 200 to 92
Modifying Department of Public Works and Government Services Act (community benefit)
Concurrence at report stage of Bill C-344, An Act to amend the Department of Public Works and Government Services Act (community benefit)


PASS 206 to 88
Amend certain Acts and Regulations in relation to firearms
2nd reading of Bill C-71, An Act to amend certain Acts and Regulations in relation to firearms


Introduced
National Physicians’ Day

Vote #643 PASS 166 to 132
On motion: Motion to proceed to Orders of the Day more



Tue Mar 27, 2018

PASS 167 to 133
Amend certain Acts and Regulations in relation to firearms
Time allocation for Bill C-71, An Act to amend certain Acts and Regulations in relation to firearms


Introduced
Budget Implementation Act, 2018, No. 1

Vote #642 PASS 167 to 136
On motion: Ways and Means motion No. 23 more

Vote #640 PASS 166 to 121
On motion: Motion to proceed to Orders of the Day more



Mon Mar 26, 2018

PASS 165 to 119
Modifying Fisheries Act and other Acts in consequence
Time allocation for Bill C-68, An Act to amend the Fisheries Act and other Acts in consequence


Vote #638 PASS 163 to 116
On motion: Motion to adjourn the debate more



Thu Mar 22, 2018

PASS 128 to 59
An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2018
3rd reading and adoption of Bill C-72, An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2018


PASS 127 to 55
An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2018
Concurrence at report stage of Bill C-72, An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2018


PASS 127 to 57
An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2018
2nd reading of Bill C-72, An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2018


Introduced
Appropriation Act No. 5, 2017-18

Introduced
Appropriation Act No. 1, 2018-19

Introduced
International Mother Language Day Act

Vote #637 PASS 151 to 45
On motion: Concurrence in an opposed item more

Vote #636 PASS 155 to 40
On motion: Concurrence in an opposed item more

Vote #635 PASS 150 to 37
On motion: Concurrence in an opposed item more

Vote #634 PASS 140 to 41
On motion: Concurrence in an opposed item more

Vote #633 PASS 144 to 43
On motion: Concurrence in an opposed item more

Vote #632 PASS 146 to 44
On motion: Concurrence in an opposed item more

Vote #631 PASS 144 to 45
On motion: Concurrence in an opposed item more

Vote #630 PASS 121 to 44
On motion: Concurrence in an opposed item more

Vote #629 PASS 128 to 42
On motion: Concurrence in an opposed item more

Vote #628 PASS 134 to 44
On motion: Concurrence in an opposed item more

Vote #627 PASS 133 to 43
On motion: Concurrence in an opposed item more

Vote #626 PASS 133 to 46
On motion: Concurrence in an opposed item more

Vote #625 PASS 133 to 44
On motion: Concurrence in an opposed item more

Vote #624 PASS 137 to 43
On motion: Concurrence in an opposed item more

Vote #623 PASS 131 to 46
On motion: Concurrence in an opposed item more

Vote #622 PASS 128 to 42
On motion: Concurrence in an opposed item more

Vote #621 PASS 145 to 43
On motion: Concurrence in an opposed item more

Vote #620 PASS 133 to 43
On motion: Concurrence in an opposed item more

Vote #619 PASS 129 to 39
On motion: Concurrence in an opposed item more

Vote #618 PASS 132 to 34
On motion: Concurrence in an opposed item more

Vote #617 PASS 130 to 28
On motion: Concurrence in an opposed item more

Vote #616 PASS 131 to 27
On motion: Concurrence in an opposed item more

Vote #615 PASS 128 to 27
On motion: Concurrence in an opposed item more

Vote #614 PASS 130 to 28
On motion: Concurrence in an opposed item more

Vote #613 PASS 128 to 25
On motion: Concurrence in an opposed item more

Vote #612 PASS 127 to 27
On motion: Concurrence in an opposed item more

Vote #611 PASS 144 to 22
On motion: Concurrence in an opposed item more

Vote #610 PASS 146 to 39
On motion: Concurrence in an opposed item more

Vote #609 PASS 141 to 39
On motion: Concurrence in an opposed item more

Vote #608 PASS 137 to 39
On motion: Concurrence in an opposed item more

Vote #607 PASS 142 to 36
On motion: Concurrence in an opposed item more

Vote #606 PASS 140 to 36
On motion: Concurrence in an opposed item more

Vote #605 PASS 138 to 40
On motion: Concurrence in an opposed item more

Vote #604 PASS 143 to 39
On motion: Concurrence in an opposed item more

Vote #603 PASS 142 to 39
On motion: Concurrence in an opposed item more

Vote #602 PASS 141 to 40
On motion: Concurrence in an opposed item more

Vote #601 PASS 143 to 42
On motion: Concurrence in an opposed item more

Vote #600 PASS 139 to 43
On motion: Concurrence in an opposed item more

Vote #599 PASS 136 to 45
On motion: Concurrence in an opposed item more

Vote #598 PASS 139 to 45
On motion: Concurrence in an opposed item more

Vote #597 PASS 141 to 47
On motion: Concurrence in an opposed item more

Vote #596 PASS 136 to 47
On motion: Concurrence in an opposed item more

Vote #595 PASS 138 to 46
On motion: Concurrence in an opposed item more

Vote #594 PASS 131 to 46
On motion: Concurrence in an opposed item more

Vote #593 PASS 144 to 42
On motion: Concurrence in an opposed item more

Vote #592 PASS 143 to 40
On motion: Concurrence in an opposed item more

Vote #591 PASS 139 to 42
On motion: Concurrence in an opposed item more

Vote #590 PASS 139 to 41
On motion: Concurrence in an opposed item more

Vote #589 PASS 142 to 46
On motion: Concurrence in an opposed item more

Vote #588 PASS 137 to 45
On motion: Concurrence in an opposed item more

Vote #587 PASS 138 to 43
On motion: Concurrence in an opposed item more

Vote #586 PASS 137 to 45
On motion: Concurrence in an opposed item more

Vote #585 PASS 140 to 45
On motion: Concurrence in an opposed item more

Vote #584 PASS 149 to 41
On motion: Concurrence in an opposed item more

Vote #583 PASS 146 to 46
On motion: Concurrence in an opposed item more

Vote #582 PASS 135 to 42
On motion: Concurrence in an opposed item more

Vote #581 PASS 141 to 40
On motion: Concurrence in an opposed item more

Vote #580 PASS 139 to 40
On motion: Concurrence in an opposed item more

Vote #579 PASS 140 to 39
On motion: Concurrence in an opposed item more

Vote #578 PASS 130 to 37
On motion: Concurrence in an opposed item more

Vote #577 PASS 128 to 39
On motion: Concurrence in an opposed item more

Vote #576 PASS 128 to 38
On motion: Concurrence in an opposed item more

Vote #575 PASS 119 to 37
On motion: Concurrence in an opposed item more

Vote #574 PASS 124 to 37
On motion: Concurrence in an opposed item more

Vote #573 PASS 119 to 40
On motion: Concurrence in an opposed item more

Vote #572 PASS 115 to 37
On motion: Concurrence in an opposed item more

Vote #571 PASS 112 to 35
On motion: Concurrence in an opposed item more

Vote #570 PASS 113 to 36
On motion: Concurrence in an opposed item more

Vote #569 PASS 113 to 35
On motion: Concurrence in an opposed item more

Vote #568 PASS 122 to 34
On motion: Concurrence in an opposed item more

Vote #567 PASS 123 to 37
On motion: Concurrence in an opposed item more

Vote #566 PASS 123 to 35
On motion: Concurrence in an opposed item more

Vote #565 PASS 123 to 37
On motion: Concurrence in an opposed item more

Vote #564 PASS 128 to 37
On motion: Concurrence in an opposed item more

Vote #563 PASS 134 to 30
On motion: Concurrence in an opposed item more

Vote #562 PASS 133 to 28
On motion: Concurrence in an opposed item more

Vote #561 PASS 134 to 29
On motion: Concurrence in an opposed item more

Vote #560 PASS 138 to 32
On motion: Concurrence in an opposed item more

Vote #559 PASS 139 to 35
On motion: Concurrence in an opposed item more

Vote #558 PASS 135 to 33
On motion: Concurrence in an opposed item more

Vote #557 PASS 129 to 34
On motion: Concurrence in an opposed item more

Vote #556 PASS 138 to 36
On motion: Concurrence in an opposed item more

Vote #555 PASS 137 to 38
On motion: Concurrence in an opposed item more

Vote #554 PASS 138 to 38
On motion: Concurrence in an opposed item more

Vote #553 PASS 142 to 38
On motion: Concurrence in an opposed item more

Vote #552 PASS 147 to 34
On motion: Concurrence in an opposed item more

Vote #551 PASS 146 to 35
On motion: Concurrence in an opposed item more

Vote #550 PASS 141 to 41
On motion: Concurrence in an opposed item more

Vote #549 PASS 139 to 43
On motion: Concurrence in an opposed item more

Vote #548 PASS 139 to 38
On motion: Concurrence in an opposed item more

Vote #547 PASS 138 to 39
On motion: Concurrence in an opposed item more

Vote #546 PASS 144 to 38
On motion: Concurrence in an opposed item more

Vote #545 PASS 141 to 42
On motion: Concurrence in an opposed item more

Vote #544 PASS 141 to 35
On motion: Concurrence in an opposed item more

Vote #543 PASS 136 to 37
On motion: Concurrence in an opposed item more

Vote #542 PASS 139 to 38
On motion: Concurrence in an opposed item more

Vote #541 PASS 137 to 39
On motion: Concurrence in an opposed item more

Vote #540 PASS 136 to 42
On motion: Concurrence in an opposed item more

Vote #539 PASS 136 to 44
On motion: Concurrence in an opposed item more

Vote #535 PASS 127 to 60
On motion: Concurrence in estimates more

Vote #534 PASS 139 to 42
On motion: Concurrence in an opposed item more

Vote #533 PASS 151 to 39
On motion: Concurrence in an opposed item more

Vote #532 PASS 144 to 41
On motion: Concurrence in an opposed item more

Vote #531 PASS 144 to 42
On motion: Concurrence in an opposed item more

Vote #530 PASS 143 to 42
On motion: Concurrence in an opposed item more

Vote #529 PASS 144 to 46
On motion: Concurrence in an opposed item more

Vote #528 PASS 145 to 46
On motion: Concurrence in an opposed item more

Vote #527 PASS 145 to 51
On motion: Concurrence in an opposed item more

Vote #526 PASS 141 to 48
On motion: Concurrence in an opposed item more

Vote #525 PASS 137 to 49
On motion: Concurrence in an opposed item more

Vote #524 PASS 149 to 48
On motion: Concurrence in an opposed item more

Vote #523 PASS 146 to 49
On motion: Concurrence in an opposed item more

Vote #522 PASS 146 to 44
On motion: Concurrence in an opposed item more

Vote #521 PASS 145 to 43
On motion: Concurrence in an opposed item more

Vote #520 PASS 146 to 43
On motion: Concurrence in an opposed item more

Vote #519 PASS 145 to 49
On motion: Concurrence in an opposed item more

Vote #518 PASS 144 to 51
On motion: Concurrence in an opposed item more

Vote #517 PASS 145 to 49
On motion: Concurrence in an opposed item more

Vote #516 PASS 156 to 59
On motion: Concurrence in an opposed item more

Vote #515 PASS 153 to 61
On motion: Concurrence in an opposed item more

Vote #514 PASS 151 to 63
On motion: Concurrence in an opposed item more

Vote #513 PASS 147 to 60
On motion: Concurrence in an opposed item more

Vote #512 PASS 152 to 60
On motion: Concurrence in an opposed item more

Vote #511 PASS 152 to 57
On motion: Concurrence in an opposed item more

Vote #510 PASS 149 to 58
On motion: Concurrence in an opposed item more

Vote #509 PASS 153 to 57
On motion: Concurrence in an opposed item more

Vote #508 PASS 153 to 63
On motion: Concurrence in an opposed item more

Vote #507 PASS 161 to 66
On motion: Concurrence in an opposed item more

Vote #506 PASS 157 to 67
On motion: Concurrence in an opposed item more

Vote #505 PASS 160 to 66
On motion: Concurrence in an opposed item more

Vote #504 PASS 158 to 64
On motion: Concurrence in an opposed item more

Vote #503 PASS 161 to 68
On motion: Concurrence in an opposed item more

Vote #502 PASS 157 to 69
On motion: Concurrence in an opposed item more

Vote #501 PASS 158 to 54
On motion: Concurrence in an opposed item more

Vote #500 PASS 159 to 55
On motion: Concurrence in an opposed item more

Vote #499 PASS 170 to 56
On motion: Concurrence in an opposed item more

Vote #498 PASS 171 to 58
On motion: Concurrence in an opposed item more

Vote #497 PASS 174 to 54
On motion: Concurrence in an opposed item more

Vote #496 PASS 173 to 58
On motion: Concurrence in an opposed item more

Vote #495 PASS 173 to 59
On motion: Concurrence in an opposed item more

Vote #494 PASS 175 to 62
On motion: Concurrence in an opposed item more

Vote #493 PASS 169 to 66
On motion: Concurrence in an opposed item more

Vote #492 PASS 172 to 63
On motion: Concurrence in an opposed item more

Vote #491 PASS 172 to 62
On motion: Concurrence in an opposed item more

Vote #490 PASS 172 to 62
On motion: Concurrence in an opposed item more

Vote #489 PASS 173 to 66
On motion: Concurrence in an opposed item more

Vote #488 PASS 175 to 67
On motion: Concurrence in an opposed item more

Vote #487 PASS 174 to 66
On motion: Concurrence in an opposed item more

Vote #486 PASS 178 to 67
On motion: Concurrence in an opposed item more

Vote #485 PASS 182 to 67
On motion: Concurrence in an opposed item more

Vote #484 PASS 186 to 68
On motion: Concurrence in an opposed item more

Vote #483 PASS 186 to 64
On motion: Concurrence in an opposed item more

Vote #482 PASS 187 to 67
On motion: Concurrence in an opposed item more

Vote #481 PASS 188 to 71
On motion: Concurrence in an opposed item more

Vote #480 PASS 189 to 71
On motion: Concurrence in an opposed item more

Vote #479 PASS 187 to 71
On motion: Concurrence in an opposed item more

Vote #478 PASS 187 to 71
On motion: Concurrence in an opposed item more

Vote #477 PASS 188 to 74
On motion: Concurrence in an opposed item more

Vote #476 PASS 191 to 74
On motion: Concurrence in an opposed item more

Vote #475 PASS 192 to 76
On motion: Concurrence in an opposed item more

Vote #474 PASS 191 to 78
On motion: Concurrence in an opposed item more

Vote #473 PASS 191 to 78
On motion: Concurrence in an opposed item more

Vote #472 PASS 191 to 79
On motion: Concurrence in an opposed item more

Vote #471 PASS 191 to 80
On motion: Concurrence in an opposed item more

Vote #470 PASS 192 to 80
On motion: Concurrence in an opposed item more

Vote #469 PASS 193 to 80
On motion: Concurrence in an opposed item more

Vote #468 FAIL 161 to 111
On motion: Opposition Motion (National Security Advisor to the Prime Minister) more



Wed Mar 21, 2018

FAIL 159 to 136
An Act respecting a federal framework on distracted driving
2nd reading of Bill C-373, An Act respecting a federal framework on distracted driving


PASS 213 to 85
Modifying Criminal Code (presentence report)
2nd reading of Bill C-375, An Act to amend the Criminal Code (presentence report)


PASS 163 to 134
Modifying Income Tax Act (rehabilitation of historic property)
Nineth Report of the Standing Committee on Environment and Sustainable Development


FAIL 250 to 48
Modifying Canada Elections Act and to make a consequential amendment to another Act (political financing)
2nd reading of Bill C-364, An Act to amend the Canada Elections Act and to make a consequential amendment to another Act (political financing)


Introduced
Fairness for Persons with Disabilities Act

Vote #463 PASS 165 to 131
On motion: Budgetary policy more



Tue Mar 20, 2018

Introduced
An Act to amend certain Acts and Regulations in relation to firearms

Vote #462 FAIL 214 to 84
On motion: Budgetary policy (amendment) more



Mon Mar 19, 2018

PASS 205 to 97
Enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts
2nd reading of Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts


PASS 204 to 97
Enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts
2nd reading of Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts




42nd Parliament, Session 1
Introduced: Friday 17th of June 2016
Status: Law

Sponsor:

Full text: Bill C-23

Description:

This bill allows preclearance in each country of travellers and goods bound for the other country.

Part 1 of the enactment authorizes United States preclearance officers to conduct preclearance in Canada of travellers and goods bound for the United States and, among other things, it

(a) authorizes a federal Minister to designate preclearance areas and preclearance perimeters in Canada, in which preclearance may take place;
(b) provides United States preclearance officers with powers to facilitate preclearance;
(c) establishes that the exercise of any power and performance of any duty or function by a United States preclearance officer is subject to Canadian law, including the Canadian Charter of Rights and Freedoms, the Canadian Bill of Rights and the Canadian Human Rights Act;
(d) authorizes Canadian police officers and the officers of the Canada Border Services Agency to assist United States preclearance officers in the exercise of their powers and performance of their duties and functions;
(e) allows a traveller bound for the United States to withdraw from the preclearance process, unless the traveller is detained under Part 1; and
(f) limits the ability to request the extradition or provisional arrest of a current or former United States preclearance officer.

Part 2 of the enactment provides for the preclearance in the United States, by Canadian officers, of travellers and goods bound for Canada. Among other things, Part 2

(a) specifies how the Immigration and Refugee Protection Act will apply to travellers bound for Canada who are in preclearance areas and preclearance perimeters in the United States, and extends the application of other Canadian legislation that relates to the entry of persons and importation of goods into Canada to those preclearance areas and preclearance perimeters;
(b) authorizes the Governor in Council to make regulations adapting, restricting or excluding the application of provisions of the Immigration and Refugee Protection Act and that other Canadian legislation in preclearance areas and preclearance perimeters;
(c) prevents, as required under the Agreement, the exercise of powers of Canadian officers under Canadian law with respect to questioning or interrogation, examination, search, seizure, forfeiture, detention and arrest in preclearance areas and preclearance perimeters, as similar powers will be conferred under the laws of the United States on Canadian officers;
(d) allows a traveller bound for Canada to withdraw from the preclearance process, unless the traveller is detained under the laws of the United States;
(e) deems an act or omission committed in a preclearance area or preclearance perimeter to be committed in Canada, if the act or omission would constitute, in Canada, an offence relating to the entry of persons or importation of goods into Canada; and
(f) grants the Attorney General of Canada the exclusive authority to commence and conduct a prosecution of a Canadian officer with respect to an act or omission committed in the United States.

Part 3 of the enactment makes related amendments to the Criminal Code to provide United States preclearance officers with an exemption from criminal liability under the Criminal Code and the Firearms Act with respect to the carriage of firearms and other regulated items. It also amends the Criminal Code to provide for a stay of proceedings against a United States preclearance officer when the Government of the United States provides notice under paragraph 14 of Article X of the Agreement.

Part 4 of the enactment makes a consequential amendment to the Customs Act, repeals the Preclearance Act and contains the coming-into-force provision.

Notable section:

WITHDRAWAL:

Traveller may withdraw from preclearance

29 Unless they are detained under this Act, every traveller bound for the United States may withdraw from preclearance and, subject to section 30, may leave a preclearance area or preclearance perimeter without departing for the United States.

30 A traveller who withdraws from preclearance must

(a) answer truthfully any question asked by a preclearance officer under paragraph 31(2)?(b) for the purpose of identifying the traveller or of determining their reason for withdrawing; and
(b) comply with any other direction given by a preclearance officer in accordance with subsection 31(2).

31 (1) A preclearance officer is, after a traveller has indicated that he or she is withdrawing from preclearance, permitted to exercise only the powers, and perform only the duties and functions, under this section and sections 13 to 15 and 32 with respect to the traveller.

(2) A preclearance officer may, for the purpose of maintaining the security of or control over the border between Canada and the United States, exercise the following powers in a preclearance area or preclearance perimeter with respect to a traveller who is withdrawing from preclearance:

(a) direct the traveller to identify themselves and to produce identification that contains their photograph and that is issued by the federal government, a provincial or local government or a foreign government;
(b) question the traveller for the purposes of identifying them or determining their reason for withdrawing;
(c) record and retain information obtained from the traveller under paragraph (a) or (b), including by making a copy of the traveller's identification;
(d) take and retain a photograph of the traveller, if the traveller has not produced identification that contains their photograph and allows their identity to be verified;
(e) visually examine a conveyance used by the traveller and, if the conveyance transports goods on a commercial basis, open its cargo compartments to visually examine the contents;
(f) examine, using means or devices that are minimally intrusive, a conveyance used by the traveller, without opening or entering it, if the preclearance officer has reasonable grounds to suspect that the traveller could compromise the security of or control over the border.

32 (1) If a preclearance officer has reasonable grounds to suspect that a traveller who is withdrawing from preclearance has committed an offence under an Act of Parliament, the officer may, for the purpose of maintaining the security of or control over the border, exercise any of the following powers in a preclearance area or preclearance perimeter:

(a) direct the traveller to identify themselves and to produce identification that contains their photograph and that is issued by the federal government, a provincial or local government or a foreign government;
(b) take and retain a photograph of the traveller, if the traveller has not produced identification that contains their photograph and allows their identity to be verified;
(c) question the traveller;
(d) collect information from the traveller;
(e) examine, search and detain goods in the traveller's possession or control, including by taking samples of the goods in reasonable amounts;
(f) conduct a frisk search of the traveller, if the officer also has reasonable grounds to suspect that the traveller has on their person concealed goods; and
(g) detain the traveller for the purpose of a strip search, if the officer also has reasonable grounds to suspect that
(i) the traveller has on their person concealed goods or anything that would present a danger to human life or safety, and
(ii) the search is necessary for the purpose of maintaining the security of or control over the border.

Search: Google News / Google / Bing News / Bing

Comments