Bill C-47 (Historical)

An Act to amend the Export and Import Permits Act and the Criminal Code (amendments permitting the accession to the Arms Trade Treaty and other amendments)

This enactment amends the Export and Import Permits Act to
(a) define the term “broker” and to establish a framework to control brokering that takes place in Canada and that is undertaken by Canadians outside Canada;
(b) require that the Minister take into account certain considerations
before issuing an export permit or a brokering permit;
(c) authorize the making of regulations that set out additional mandatory considerations that the Minister is required to take into account before issuing an export permit or a brokering permit;
(d) set May 31 as the date by which the Minister must table in both Houses of Parliament a report of the operations under the Act in the preceding year and a report on military exports in the preceding year;
(e) increase the maximum fine for a summary conviction offence to $250,000;
(f) replace the requirement that only countries with which Canada has an intergovernmental arrangement may be added to the Automatic Firearms Country Control List by a requirement that a country may be added to the list only on the recommendation of the Minister made after consultation with the Minister of National Defence; and
(g) add a new purpose for which an article may be added to an Export Control List.
The enactment amends the Criminal Code to include, for interception of private communications purposes, the offence of brokering in the definition of “offence” in section 183.

Export and Import Permits Act

[Candice Bergen, Conservative, Portage—Lisgar, MB]

Madam Speaker, let me begin by saying that everyone in this House, regardless of gender, is opposed to gender-based violence. It is time we moved on from the identity politics thing that somehow a woman should be standing up for gender issues. I think we would all definitely agree that when we look around the world and see where people are being victimized, we want to see that stopped, whether or not it is with respect to firearms and weapons being sold and traded.

Here is the problem. My colleague had a problem with the fact that I said our system is adequate. If the Liberals were proposing something would have a global effect on the arms trade and would be a better system, we would all be for it. However, as the Liberals normally do, this is not making our system any better. Therefore, if they want to improve our system, they should have come forward with real suggestions, like maybe talking tough to Iran or China, or using some levers that we have to address some of the horrible things that are going on internationally, rather than penalizing Canadian gun owners by using the system with a UN declaration. Here we have the UN again telling a country like Canada, which is extremely responsible, what to do.

I would welcome improvements. However, there are no improvements in this legislation. It will just affect and hurt Canadian men and women.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Madam Speaker, the member across the way said that Russia and China are not part of the agreement or pact. It is interesting that she would be pointing that out and suggesting that Canada should join Russia and China and not be a part of it. I take no offence to what it is she is trying to infer, but from where I was sitting, it sure sounded like that was what she was trying to imply. She might want to reflect on those particular comments.

The other thing I want to raise is this, and maybe the member could provide a response. If we look at the record-keeping requirements in Bill C-47, they are the same as those when Brian Mulroney was the prime minister and the requirements that were in place prior to him. Would she not agree that those records are actually positive things to keep?

[Candice Bergen, Conservative, Portage—Lisgar, MB]

Madam Speaker, let me begin by asking my hon. colleague to reflect on this. Canada in no, way, shape or form can ever be compared to Russia or China in terms of our freedom, rule of law, and human rights.

The Liberals want us to sign onto agreements that would penalize our law-abiding firearms owners, as well as dumb down what we already have in place, just because the UN said we should. This is something I know the Liberals find hard to figure out. They just want to join agreements because then they can say that we are in an agreement, even though this does nothing to help the global problem because all of the people who are causing the big problems are not part of the agreement.

The Liberals always want to put Canada in a tough situation where we look bad, which is hard on us, just so they can say we are in another agreement. It is not good governance.

[Matt DeCourcey, Liberal, Parliamentary Secretary to the Minister of Foreign Affairs]

Madam Speaker, it is a pleasure to have the opportunity to speak today to Bill C-47. Through this bill, our government is going to move forward on an important commitment that we made to Canadians to ensure that Canada fully accedes to the Arms Trade Treaty. The ATT sets an essential standard for the international community to contribute to international and regional peace, security, and stability, and to promote co-operation, transparency, and responsible actions by countries.

I am also proud of the amendments that the foreign affairs committee has made to the bill. We heard from committee members and civil society that they would like to see the ATT criteria placed directly into legislation, including the considerations of peace and security, human rights, and gender-based violence. Therefore, the government supported the committee in making these changes.

We have also made a significant change to the proposed legislation by including a substantial risk test. That would mean that for the first time there would be a direct legal requirement for the government to refuse export permits for items where there is a substantial risk that they would be used to violate the criteria. Bill C-47 would strengthen our arms export system and finally allow Canada to accede to the Arms Trade Treaty.

During its study of Bill C-47, the committee considered the issue of the NDP motion. It chose not to accept the amendment. The amendment we are discussing would require the minister to reconsider the risk of arms that have already been issued export permits, based on “any information that could affect the original determination”. The fact of the matter is, this power already exists. Under the current law, if new information emerges after a permit has been authorized, and before all of the goods and technology covered by that permit have been exported, the minister already possesses the power to amend, suspend, cancel, or reinstate any permit issued. Global Affairs Canada has even released a recent example of this power in action.

As the Minister of Foreign Affairs told the House of Commons Standing Committee on Foreign Affairs and International Development on February 9, Global Affairs Canada conducted a thorough investigation last summer into the state of security in Eastern Province, Saudi Arabia.

The committee found no conclusive evidence that Canadian-made vehicles were used to commit human rights violations. That was—

Suspension of Sitting

[The Assistant Deputy Speaker, Carol Hughes]

Order. As a result of the fire alarm, the House will now be suspended to the call of the Chair. Therefore, I would ask individuals to exit the Chamber.

(The sitting of the House was suspended at 12:45 p.m.)

(The House resumed at 1:15 p.m.)

Sitting Resumed

[The Assistant Deputy Speaker, Carol Hughes]

We are ready to continue.

At the point where we were interrupted by the fire alarm, the hon. member had seven minutes for his speech.

Resuming debate, the hon. Parliamentary Secretary to the Minister of Foreign Affairs.

[Matt DeCourcey, Liberal, Fredericton, NB]

Madam Speaker, as I was saying before the interruption, as part of its investigation last summer, Global Affairs Canada found no conclusive evidence that Canadian-made vehicles were used to commit human rights violations. That was the independent and objective finding of our public service.

Export licences for these vehicles were immediately halted on receipt of information shared by the Canadian Embassy in Riyadh.

I can assure the member opposite that this power of suspension would be used again if and when necessary.

The proposed amendment by the member also does not reflect the text or spirit of the ATT. The text of the ATT states:

If, after an authorization has been granted, an exporting State Party becomes aware of new relevant information, it is encouraged to reassess the authorization

That is the authority that the Minister of Foreign Affairs currently has and exercises.

The motion before us is broader than anything contemplated by the treaty. It would also significantly create additional administrative risk and could impact the competitiveness of Canadian industry. This is in contrast to the current approach, which employs an evidence-based risk assessment, allowing resources and attention to focus on higher-risk export destinations, and sensitive goods and technologies.

Imposing a legislative requirement in order to call for a review every time without first considering the veracity or reliability of the information could burden export control operations, cause uncertainty, and impose an extra administrative burden on both the Canadian industry and government, which is responsible for the regulations.

This amendment could also have the detrimental effect of resulting in higher-risk cases not receiving the proper attention they require. In that sense, not only would it be redundant but it could also be harmful.

Let me turn now to the deletion motion put forward by the Conservatives.

I will state clearly that Bill C-47 would not impact domestic gun laws, it would not affect gun controls in Canada, and it would not create a new gun registry. In fact, the ATT preamble recognizes the “legitimate trade and lawful ownership, and use of certain conventional arms for recreational, cultural, historical, and sporting activities”.

The objective of the ATT is to ensure that international trade in conventional arms does not contribute to international conflict and instability or to violations of human rights. It does not target the lawful, responsible use of firearms, nor does it prevent the lawful, responsible sale, export, or import of weapons.

Of course, it should come as no surprise to anyone on this side of the floor that the Conservatives are choosing to ignore the reality of Bill C-47 and are instead seeking to scare Canadians by pretending that this bill would do something that it would not in fact do, and it will come as no surprise to Canadians that the Conservatives are once again placing partisan politics above human rights. This is exactly the sort of politics that Canadians voted to get rid of in 2015.

The reality is that parts of the Export and Import Permits Act dealing with record-keeping have been in effect in Canada for years. In fact, they were in effect under the former government and under governments preceding that. Why did the former government not try to change it during its 10 years? It is because the reality is that Canadians have no issues with these parts of the Export and Import Permits Act.

Greg Farrant of the Ontario Federation of Anglers and Hunters said that:

...the keeping of and retention of records by importers, exporters, firearms dealers, and end-users for defined periods of time that is referred to in the bill, without being required to turn these records over to the government on demand, is something that most in the industry already do for insurance and other purposes.

All clause 11 would do is add the term “organization” to the existing authorities to ensure that organizations would also be subject to existing record keeping requirements. This clause would simply remove the clarity that organizations would also require permits. In fact, the committee inserted a “for greater certainty” clause into the bill to make it crystal clear that the changes to the EIPA would not affect domestic gun use or control.

However, here we are, once again, with the Conservatives trying to delete this clause, which directly addresses the very concerns they are raising.

Our government is proud of the important commitment we have made with Bill C-47. The bill would amend the Export and Import Permits Act to allow Canada to accede, finally, to the Arms Trade Treaty.

This treaty is the first to address the illicit trade in conventional arms. It establishes an essential standard for the international community. It is high time that Canada joined the many NATO and G7 partners by acceding to the Arms Trade Treaty.

The bill before the House today would place Canada at the forefront of our allies and partners in implementing the spirit and letter of the Arms Trade Treaty, and it would allow Canada to hold itself to a higher standard on the export of arms.

[James Bezan, Conservative, Selkirk—Interlake—Eastman, MB]

Madam Speaker, I disagree completely with what the parliamentary secretary is proposing in the legislation.

We have to remember that Canada already has a very vigilant system of export permits on any military equipment and security weapons that are exported. What the Liberals are planning to do is add more bureaucracy. I would like to give an example.

Right now in Winnipeg, we have a company called PGW Defence. It is one of the best firearms manufacturers in Canada, if not the world. It builds the best sniper rifles in the world, which are sold to our allies. The company is already in real crisis because Global Affairs Canada has been dragging its feet on signing export permits, so it can export firearms to our allies and friends around the world to strengthen their military. Essentially, it is pushing them to the financial brink.

The Liberals want to add more red tape, which is not in the best interests of this company, not in the best interests of people who work for that company in Winnipeg, and it is definitely not in the best interests of the Canadian Armed Forces that depend on that company for a supply of sniper rifles.

Will the parliamentary secretary admit that the Liberals are just going to put more red tape on Canadian manufacturers, putting them at a disadvantage to competitors around the world?

[Matt DeCourcey, Liberal, Fredericton, NB]

Madam Speaker, I certainly will not do that.

This bill in no way suggests or actually in reality leads to what the member opposite is claiming. We recognize, fully, the industrial base that the manufacturing and sale of conventional weapons has in Canada. Significant consultation with that sector has been undertaken in the drafting, and in some of the revision, that has gone into the bill, after we heard from committee members and witnesses at the committee stage.

What the bill would do is add to an already robust import and export realm in Canada to ensure certain criteria dealing with peace and security considerations, the upholding of human rights, and important things like gender-based violence are taken into consideration and encoded right in the legislation when the minister makes decisions about issuing an export permit.

I would hope members opposite support that sort of goal and aim, to ensure that human rights are upheld, that sexual violence and gender-based violence committed to vulnerable populations around the world is taken into considerable account, with a substantial risk test on top of that, including brokers, to ensure that Canada takes a leadership role in areas of conflict around the world.

[Hélène Laverdière, NDP, Laurier—Sainte-Marie, QC]

Madam Speaker, robust export and import rules that enable us to export to Saudi Arabia, have Canadian producers sell arms to South Sudan or send helicopters to the Philippines, we have a different definition of strong.

The main point I wanted to make is that my colleague seemed to suggest that we would be voting against this bill for partisan reasons. Our reasons echo the reasons given by experts, who are all saying that this is a botched bill and it should be thrown out. Project Ploughshares, the Control Arms Coalition, and the Rideau Institute, to name just a few, all agree that this bill does not reflect the spirit or the letter of the treaty.

The Liberals say they prefer evidence-based policy, so why are they ignoring the opinions of experts?

[Matt DeCourcey, Liberal, Fredericton, NB]

Madam Speaker, on the contrary, we took expert input into account. They told us in committee that they thought the criteria should be inserted directly into the legislation, so that is what we did. They told us we need stricter controls over arms exports in order to determine the potential risk of these arms being used to violate human rights or commit atrocities. This bill provides those stricter controls.

We are hearing the NDP, which stood on principle and said that Canada should adhere to the ATT, now suggesting it is going to vote against a bill that would allow Canada to live up to both the letter and the spirit of that treaty.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Madam Speaker, it is with pleasure that I rise today to address this very positive legislation. Once again, we have before us another legislative initiative that will put in place a commitment we made to the Canadian people back in the last federal election.

We now have been in government for just over two and a half years. Every week it seems we are fulfilling another aspect of the platform that was presented to Canadians and voted on by them. We are putting these things into place.

It was interesting listening to the debate from the Conservatives and the New Democrats. The words that come to mind are are “the enemy of my enemy is my friend”. The Conservatives are very clear; they do not like the legislation. For whatever reason, however misguided they might be, they have decided they are not in favour of this legislation. That does not surprise me. What does surprise me is what my New Democrat friends have had to say. In listening to the member, the critic, speak on this, one could draw the conclusion that they too do not support the legislation.

This reminds me of that unholy alliance that we see time and again between the New Democrats and the Conservatives. They do not want to see progressive, positive legislation pass through the chamber. If they were listening to what Canadians expect and want to see of good government, they would recognize this legislation for what it is. It is very positive and it will have a positive impact not only in Canada but around the world.

Canada is such a fortunate country. We live in such a privileged place, with opportunity for our population base of between 36 and 37 million people. We carry a great deal of clout around the world. Many countries from around the world look at the types of policies Canada develops and the kind of leadership we demonstrate.

On this file, the arms trade treaty, it is disappointing how long it has taken for us to see it come to fruition. Contrary to what the Conservatives and the New Democrats will say, I believe this legislation will pass. Why? Not only did we make a commitment to it in the last federal election, but we have the support of Canadians in all regions of the country who want to see Canada continue to play that strong national leadership role.

Other G7 countries have already signed onto the Arms Trade Treaty. I think Canada might be alone on that. As well, we could talk about the NATO countries. We are way behind in what other NATO countries have already done in recognizing the value of this agreement.

With the passage of the legislation, in essence we are signing onto an agreement that will make a difference. It is not to take anything away. My friend from across the way, a Conservative from Manitoba, talked about an industry in the city of Winnipeg. It is not only snipers or weapons that are made in Canada or, in this case, in Winnipeg. Many other aspects of military hardware are developed and put into factories, which produce fantastic middle-class jobs that provide all sorts of economic opportunity. In many areas, we are world leaders on some of that production, development, and research in this whole field.

That said, we also have a responsibility that goes beyond just exporting for the sake of exporting or importing for the sake of importing. To me, in good part that is what this legislation is about. We have had import and export legislation for many years.

The Conservative opposition House leader, the member for Portage—Lisgar, talks a great deal about the issue of guns and restrictions, and tries to give a false impression. Again, just listen to what the Conservative Party is saying here in Ottawa, which appears to be that their concern and primary objection is that there are too many restrictions being put in place on possible gun ownership by an expanding bureaucracy. However, the legislation has not really changed what already exists. There might have been a word changed from the way it was when Brian Mulroney was the prime minister, but it is non-consequential. In fact, it was Brian Mulroney who put in a lot of those regulations we are talking about and reinforcing today.

The Export and Import Permits Act actually came into force back in 1985. When the Conservatives try to give a false impression to legitimate gun owners that somehow this government is trying to put into place some form of registration or bureaucracy, it is just not true. The member across the way said that it was 100%, and it is just not true. It does not bother them to stand in their place to state something that is not true. Not only will they say it inside the chamber, but also outside of it, even if we point out that it is not true. Irrespective of whether or not ministers and others who have been very clear on the issue point this out, the opposition members continue to spread these myths and untruths because they have turned it into a political issue. For them, it is not as much about public safety or even providing more peace and assurances throughout the world, but all about politics and raising money from an issue they believe they can stay on top of and thus make money from via fundraising. I find that somewhat sad.

At the end of the day, I do not really understand what specifically it is about the legislation that the Conservatives believe Canadians would oppose. They say it is the bureaucracy that will result, but they do not substantiate that in any tangible way. They are simply going to oppose the legislation.

On the other hand, my New Democratic friends are criticizing us in terms of consistency. I remember the former leader of the New Democratic Party saying to a crowd of people that he would honour the agreement with Saudi Arabia. Today, New Democrats criticize the government about Saudi Arabia, but during an election period the leader of the New Democratic Party said he would do the very same thing. There are inconsistencies within the New Democratic Party on this very important issue.

I am suggesting that members should recognize this legislation for what it is, that it will have a profoundly positive impact. It will demonstrate that Canada can provide world leadership on the Arms Trade Treaty through import and export legislation. That is a good thing.

[Erin O'Toole, Conservative, Durham, ON]

Madam Speaker, I enjoy it when my friend speaks extemporaneously because it is usually based more on hyperbole than on fact. The challenge we face with the government is that we have two bills, Bill C-47, which we are debating today, and, I would suggest, its companion, Bill C-71, the Liberals' way for reintroducing the long-gun registry via the backdoor. He claims he is not doing that, but Bill C-71 requires record taking, this time not at the home, but at the store, and record retention.

Now by bringing in brokers with respect to Bill C-47, the Liberals are essentially allowing for a UN-led long-gun registry. Several Liberal members, such as for Kenora, Northumberland—Peterborough South, Peterborough—Kawartha, know that people did not like the divisive approach of the Allan Rock gun registry. Now the Liberals are bringing it back by stealth through two pieces of legislation.

If the member is sincere with respect to Bill C-47, will he use his immense influence in the caucus to pull back Bill C-71 so we can say that they are not tied together?

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Madam Speaker, my colleague across the way is fairly knowledgeable about House proceedings and today we are debating Bill C-47. That said, we have told the Conservative members that what they are saying is just not true. It is factually incorrect. One would think that our bluntness would make them stop telling those untruths, but they do not. A case in point is the question by the member opposite.

I do not know what more the government can do to try to say to the official opposition that if they listened to what Canadians are saying, that the type of legislation we are passing today is based on the fact that we made a commitment to bring in such legislation, they would recognize the value it provides. It provides Canada with an opportunity not only to protect a very important industry in different regions of our country, but also allows us to continue to be strong advocates of human rights and peace initiatives around the world. There is so much more that Canada can do in terms of world leadership, and this is one of those pieces of legislation that feeds into that.