Bill C-42 (Historical)

Common Sense Firearms Licensing Act

An Act to amend the Firearms Act and the Criminal Code and to make a related amendment and a consequential amendment to other Acts

This enactment amends the Firearms Act to simplify and clarify the firearms licensing regime for individuals, to limit the discretionary authority of chief firearms officers and to provide for the sharing of information on commercial importations of firearms.
It also amends the Criminal Code to strengthen the provisions relating to orders prohibiting the possession of weapons, including firearms, when a person is sentenced for an offence involving domestic violence. Lastly, it defines “non-restricted firearm” and gives the Governor in Council authority to prescribe a firearm to be non-restricted and expanded authority to prescribe a firearm to be restricted.

Bill C-42—Time Allocation Motion

[Peter Julian, NDP, Burnaby—New Westminster, BC]

Mr. Speaker, this is the 93rd time in this Parliament that the government moved a time allocation motion to impose closure.

The government tosses it around like it is candy, but there are serious ramifications.

First, on this bill, Bill C-42, only two members of the opposition have even been able to speak to it, because the government basically sat on it for four months, and now the government is imposing time allocation, closure, just like that.

The other problem, as members know, is that the government has the worst track record of any Canadian government in history in terms of having rejected pieces of legislation. It brings legislation in, it does not subject it to proper debate, it does not allow committees to actually scrutinize the legislation, and it then goes to the courts. In the last year, half a dozen pieces of legislation have been thrown out by the courts, because the legislation was so badly written that the courts could simply not stand for it.

The question is very simple. After two members of the opposition have spoken to this bill, the government is invoking closure. Why is the government so intolerant of debate, and why has it brought forward legislation that is rejected so consistently by the courts?

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

moved:

That, in relation to Bill C-42, An Act to amend the Firearms Act and the Criminal Code and to make a related amendment and a consequential amendment to other Acts, not more than two further sitting days shall be allotted to the consideration at second reading stage of the Bill; and

That, 15 minutes before the expiry of the time provided for Government Orders on the second day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Bill C-42—Notice of time allocation

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, I would like to advise that agreement could not be reached under the provisions of Standing Order 78(1) or 78(2) with respect to the second reading stage of Bill C-42, an act to amend the Firearms Act and the Criminal Code and to make a related amendment and a consequential amendment to other acts.

Under the provisions of Standing Order 78(3), I give notice that a minister of the Crown will propose at the next sitting a motion to allot a specific number of days or hours for the consideration and disposal of proceedings at the said stage.

Business of the House

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, this afternoon we will continue debating government Motion No. 17, respecting Canada's military contribution to the campaign against the Islamic State of Iraq and Levant. Considering the importance of that debate, we will be continuing it, under an order of the House, until midnight tonight.

ISIL has stated its intention to target Canada and Canadians. In fact, ISIL issued a call to action for people to attack targets in Canada. So far two attackers have responded to that call. That is why we have to take on ISIL, take on the threat it poses and keep it from establishing a geographic foothold from which to operate. We intend to continue to degrade and destroy ISIL.

That is why we are seeking the support of Canadian parliamentarians for our decision to extend and expand Canada's military mission with our allies so we can effectively fight this jihadism which threatens our national security and global security.

We will return to that debate on Monday afternoon and complete it that day.

Tomorrow, we will continue—and, hopefully, conclude—the third reading debate on Bill C-26, the Tougher Penalties for Child Predators Act.

Monday, before question period, we will start the second reading debate on Bill C-52, the Safe and Accountable Rail Act. This legislation will improve railway safety and strengthen oversight while protecting taxpayers and making the rail industry more accountable to communities. This debate will continue on Tuesday.

On Wednesday, the House will resume the second reading debate of Bill C-42, the common sense firearms licensing act. The bill meets the government's objective to cut red tape for law-abiding firearms owners and provide safe and simpler firearms policies. Changes to the Criminal Code would enable the government to take steps to ensure the rights of lawful firearms owners would be respected. The debate will continue on Thursday, when we will adjourn for Easter.

Criminal Code

[James Bezan, Conservative, Parliamentary Secretary to the Minister of National Defence]

Mr. Speaker, it is a pleasure to rise and discuss a bill that would help ensure that our firearms policies are safe and sensible. Sitting here and listening to the opposition, including the member for Malpeque and the NDP members, talking about this bill, it shows just how out of touch they have become with rural Canadians and Canadians who love sport shooting.

Our government has worked tirelessly to ensure that we target criminals with tough sentences, not law-abiding Canadians with needless red tape. We have long spoken out against the impracticality and unnecessary practice of burdening law-abiding farmers and sport shooters with administrative requirements that do little or nothing to contribute to public safety. We have worked diligently to address these issues.

We know that law-abiding firearms owners find these requirements intrusive and offensive. Certainly, ending the long-gun registry was an important achievement for our government to move toward safe and sensible firearms policies. Most recently, as members know, we introduced Bill C-42, the common sense firearms licensing act. Among other things, this legislation would streamline the licensing system and further ease unnecessary administrative red tape for law-abiding farmers, hunters and sports shooters.

Our government believes in a balanced approach to firearms control. For instance, we believe it makes sense to simplify the regime and have only one type of license. That is why we have proposed, under the common sense firearms licensing act, to merge the possession-only license with the possession and acquisition license.

We also believe that it is in the interest of public safety that individuals should be properly instructed in the safe use of firearms. That is why our government has also proposed under the legislation to make sure that course participation in firearm safety training is mandatory.

With the bill before us, we can go one step further toward ensuring that Canadians from coast to coast to coast benefit from safe and sensible firearms policies. In that spirit, I would like to commend my friend, the member for Dauphin—Swan River—Marquette, who introduced Bill C-637, an act to amend the Criminal Code in firearms storage and transportation. It is a proposal that our Conservative government is proud to support.

It is important to hone in specifically on what items we are talking about today. They are BB guns, pellet guns and paintball guns. These excluded firearms that do not discharge a shot, bullet or other projectile at a muzzle velocity exceeding 152.4 metres per second, or 500 feet per second. Given their low muzzle velocity and energy, our government is of the view that these items should be excluded from all storage and transportation requirements and offences. Therefore, the proposal in this bill falls squarely within the safe and sensible realm.

Let us look at the design of the bill, specifically. The bill proposes to amend the Criminal Code to exclude these items from the storage and transportation requirements under the Firearms Act and the offences in the Criminal Code that relate to storage and transportation. In effect, Bill C-637 would exempt individuals from prosecution for offences related to the careless storage and transport of these items, which have previously been erroneously lumped in with ordinary firearms.

By way of example, let us say that a young woman wants to go with her friends to an open field, park, or farmyard, far from other people, and they are taking their air pistols. They shoot some pop cans off a tree stump or a fence post with that pistol. Currently, if she throws the pistol and some of the pellets into her backpack, she is liable to charges under the Criminal Code for the unsafe transport of a firearm.

This is ridiculous and unacceptable. I have taken part in similar activities. I grew up on the farm, and when I was growing up, the first gun I had was a pellet gun. It was a lot of fun, but it taught me about safe handling and how to use a firearm carefully.

We must not let the government run amok and ban these types of Canadian heritage activities. Again, most rural Canadians and a lot of people within urban centres use these air guns, whether they are pellet guns, BB guns or paintball guns, if they go out and have some fun at the paintball course.

Some members on the other side of the House are claiming that this would create a spike in the use of air guns and criminal activity. This is simply not the case. What this bill would do is codify what Canadians from coast to coast have always assumed to be the case, which is that air guns are not firearms. They should not be treated like firearms, and they should not have the consequences associated with firearms.

The Liberal and NDP logic on this issue is similar to that of the long gun registry. They loved the long gun registry. They believe that government intervention will solve all the world's problems but let us look at the statistics. When we ended the wasteful and ineffective long gun registry, gun crime in Toronto went down by over 80%. This is not to say that these two items are linked. It is simply to say that those who commit crimes with guns do not obey the various laws prohibiting murder, armed robbery and so on. It is simply foolish to believe that they will stop committing crimes because their guns must be registered.

The bill before us today is very important. What the bill would do is clarify some confusion around the legal obligation of air gun owners that has arisen because of the November 2014 Supreme Court ruling. The effect of the decision upheld the current law that certain air gun owners are subject to prosecution if they carelessly store or transport an air gun. The bill will address the confusion and help provide clarity for owners of these types of firearms.

Before my time comes to an end, I would like to specifically thank the Canadian Shooting Sports Association for working with our government and the member for Dauphin—Swan River—Marquette for analyzing the Supreme Court decision impacting air guns. I believe that the legislation introduced by the member is an important milestone in addressing the needlessly burdensome paperwork that exists in our firearms regime.

In conclusion, this is a balanced approach that will contribute to our ultimate goal of ensuring our firearm policies are safe and sensible. I hope that all members will support it.

Public Safety

[Thomas Mulcair, NDP, Leader of the Opposition]

Mr. Speaker, the Minister of Justice has just asked us if there is anything he could do to avoid putting women at greater risk.

Actually, there is something that the government could do to avoid putting women or girls at risk. It could withdraw Bill C-42 that is before the House, because it would make exactly the type of assault weapon used by Marc Lepine easier to transport and easier to have in Canada. The Ruger in question should be banned instead of being easier to get and transport in Canada.

Will he withdraw Bill C-42, if he is sincere about having better protection for women in this country?

[Marc Garneau, Liberal, Westmount—Ville-Marie, QC]

Mr. Speaker, this Saturday will mark the 25th anniversary of the tragic events at École Polytechnique and this government is not welcome.

In fact, according to one of the survivors, the government “does not share our values. It ignores the advice of experts, police, and women's groups fighting domestic violence.”

The survivors' group opposes the Conservatives' Bill C-42 . Can the minister tell us how he will explain this bill to Quebeckers and Canadians?

Firearms

[Robert Sopuck, Conservative, Dauphin—Swan River—Marquette, MB]

Mr. Speaker, our government is making reasonable and common-sense amendments to Canada's firearms laws. Bill C-42, the common sense firearms licensing act, would ensure that Canada's communities remain safe while reducing red tape.

Prior to the introduction of the bill, our laws had not been updated for over 20 years. The common-sense firearms licensing act would ensure mandatory safety training courses and would end needless and ineffective bureaucracy surrounding the authority to transport firearms to ranges, gunsmiths, and the firearm owner's home and property. It would prohibit the possession of firearms by individuals convicted of domestic violence and would ensure that the classification of firearms was accountable to the public and informed by independent expert advice.

However, all the opposition wants to do is fearmonger. The Liberal leader uses fear and dishonesty to make ridiculous and unfounded claims. Unfortunately, Canadians can expect nothing more from the party that brought in the long gun registry and is itching to bring it back. Only our Conservative government will always stand up for Canada's law-abiding hunters, trappers, and sport shooters.

Public Safety

[Justin Trudeau, Liberal, Papineau, QC]

Mr. Speaker, Bill C-42 would allow handguns and assault weapons to be freely transported in a trunk anywhere within a province, even left parked outside a Canadian Tire or local hockey arena. Imagine if the car carrying these weapons were broken into or stolen.

The bill also takes classification decisions on guns away from police, and puts them in the hands of politicians.

Both of these provisions threaten Canadians' safety. Will the government remove them from Bill C-42?

[Justin Trudeau, Liberal, Papineau, QC]

Mr. Speaker, as we approach the 25th anniversary of the Polytechnique tragedy, we are debating Bill C-42, which would allow dangerous weapons to be freely transported in a trunk of a car. Imagine if that car were broken into.

The bill also takes classification decisions on guns away from police and puts them in the hands of politicians.

Does the Prime Minister recognize how dangerous those clauses of the bill are?

Business of the House

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, I want to thank the NDP House leader for his usual Thursday question, his optimism, and his hope. We are happy to see optimism and hope over there. I can assure members that on this side of the House we share some of that optimism and hope, and we look forward to better days for the NDP.

I also want to thank him for his program of daily concurrence motions this autumn. It has meant that practically every day we have had a chance to have a say on the hard work our committees do and specifically on the report the NDP tabled between the throne speech and the summer adjournment. In just the last five sittings since my last Thursday statement, this House has considered and adopted reports prepared by the Canadian heritage committee, the veterans affairs committee, the finance committee, and even the procedure and House affairs committee.

As a former international trade minister, I took great joy in seeing our debate and vote on the agriculture committee's report on the Canada-Europe free trade agreement. The NDP's concurrence motion allowed my colleague, the agriculture minister's parliamentary secretary, to bring forward his own motion reflecting the developments that followed the committee's work calling on the House of Commons to endorse this free trade agreement. In the past, the committee and the NDP had expressed concerns that they could not commit to a position until the agreement's text was available. Now that the agreement's text is available, they had an opportunity to endorse it right here in this House. Having seen the text of that agreement, I was disappointed that the NDP voted against it. It would be the single largest boost to the Canadian economy in a generation, one that would produce billions of dollars annually to the economy.

That being said, we have other business to attend to in this House.

With respect to the business of the House, let me acknowledge the co-operative and productive conversations we and our teams have had this week with the other parties. This afternoon and tomorrow, we will debate Bill C-26, the Tougher Penalties for Child Predators Act, at second reading. Monday, we will have the third reading debate on Bill C-18, the Agricultural Growth Act.

Tuesday morning we will consider Bill C-40, the Rouge national urban park act, at report stage and third reading. In the afternoon, we will switch to the third reading debate on Bill C-27, the veterans hiring act, which I hope will be passed quickly given the apparent support for it.

On Wednesday, we will start the second reading debate on Bill C-42, the common sense firearms licensing act.

Next Thursday will be the sixth allotted day when the NDP will bring forward a proposal for debate.

Wrapping up next week, on Friday we will have the fourth day of second reading debate on Bill C-35, the justice for animals in service act, which is known more affectionately as Quanto's law.

Finally, for the benefit of all of the committees of this House and their planning, following some consultation with my counterparts, I am currently looking at Wednesday, December 3, for the final allotted day. However, I will formally confirm that sometime next week, I expect.

Incorporation by Reference in Regulations Act

[Mike Sullivan, NDP, York South—Weston, ON]

Mr. Speaker, first, I want to thank the government for not bringing forward Bill C-42, which was originally to have been debated. It is a bill to relax gun regulations in this country, and it is an inappropriate week to bring such a bill forward. I am glad we are not debating that.

On this bill, I am the critic for persons with disabilities and the word “accessible” has a particular meaning to persons with disabilities. It means that if someone is blind, it is available in Braille. It means that if someone is partially sighted, the fonts and the contrast online are such that he or she can read it. The term “accessible” has a different meaning.

I wonder if the government could tell us whether or not the word “accessible” includes those meanings.

Business of the House

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, this afternoon we will continue with today’s NDP opposition day.

Tomorrow, we will debate Bill C-13, the Protecting Canadians from Online Crime Act, aimed at combatting cyberbullying at third reading.

When we come back from our constituency week, on Monday, October 20, we will consider a motion to refer Bill S-4, the Digital Privacy Act, to the Standing Committee on Industry, Science and Technology prior to second reading. If we have extra time available that day, we will return to the second reading debate on Bill C-21, the Red Tape Reduction Act.

Tuesday, October 21, shall be the fifth allotted day. The Liberals will offer the day’s topic of discussion.

Starting on Wednesday, October 22, the House will consider Bill C-42, the common sense firearms licensing act at second reading. This bill would cut red tape for law-abiding firearms owners and provide safe and simple firearms policies. I would note that this legislation has already been endorsed by a number of key groups, such as the Ontario Federation of Anglers and Hunters, the Saskatchewan Wildlife Federation, the New Brunswick Wildlife Federation, the Canadian Shooting Sports Association, la Fédération québécoise des chasseurs et pêcheurs, the Manitoba Wildlife Federation, and the Nova Scotia Federation of Anglers and Hunters, among others.

Mr. Speaker, I do want to wish you and all members a happy Thanksgiving, and I hope that all will share that with their families.