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 bill is from the 42nd Parliament, 1st session, which ended in September 2019.

Sponsor

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

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.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-47s:

C-47 (2023) Law Budget Implementation Act, 2023, No. 1
C-47 (2014) Law Miscellaneous Statute Law Amendment Act, 2014
C-47 (2012) Law Northern Jobs and Growth Act
C-47 (2010) Law Sustaining Canada's Economic Recovery Act
C-47 (2009) Technical Assistance for Law Enforcement in the 21st Century Act
C-47 (2008) Family Homes on Reserves and Matrimonial Interests or Rights Act

Votes

June 11, 2018 Passed 3rd reading and adoption of Bill C-47, 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)
June 11, 2018 Failed 3rd reading and adoption of Bill C-47, 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) (reasoned amendment)
June 4, 2018 Passed Concurrence at report stage of Bill C-47, 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)
June 4, 2018 Failed Bill C-47, 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) (report stage amendment)
June 4, 2018 Failed Bill C-47, 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) (report stage amendment)
May 30, 2018 Passed Time allocation for Bill C-47, 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)
Oct. 3, 2017 Passed 2nd reading of Bill C-47, 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)

Export and Import Permits ActGovernment Orders

June 8th, 2018 / 12:40 p.m.

Conservative

Ziad Aboultaif Conservative Edmonton Manning, AB

Mr. Speaker, that is a very good question. I think this is what we sometimes call virtue signalling by the government.

We have very tight control over this. We have the Canada Border Services Agency and Statistics Canada for the collection of all of the information over and above any deal we would sign. The most important aspect of this whole thing is, what are the other major traders in this area doing? Are they willing to ratify it or not?

This bill is already empty. There are no signals that they are going to ratify it. What is the point? Is it going to be a virtue signal or a photo op? Whatever it is, we know that it will be a total waste of time. Unfortunately, we have to take the time to discuss it in Parliament for hours and hours.

Export and Import Permits ActGovernment Orders

June 8th, 2018 / 12:40 p.m.

Liberal

Raj Saini Liberal Kitchener Centre, ON

Mr. Speaker, the only time the photo op was held was in April 2013.

Now that we are talking history, let me remind the hon. member that 154 countries signed to adopt the treaty. As of January 2018, 94 countries have signed and ratified it. Five of the largest arms producers in the world have signed and ratified it: England, Germany, France, Spain, and Italy.

When all of NATO has signed the treaty, the G7 has signed it, and the OECD has signed it, why is there debate over our signing it? You have not given one legitimate reason in your speech. You talked about the robustness of the system. You talked about how good the Canadian system is. If it were so good, why do we not sign and elevate the rest of the world to our standards?

Export and Import Permits ActGovernment Orders

June 8th, 2018 / 12:40 p.m.

The Assistant Deputy Speaker Anthony Rota

I am sure the hon. member did not mean that I did not get it. I am sure he meant that he wanted an answer from the member for Edmonton Manning.

Export and Import Permits ActGovernment Orders

June 8th, 2018 / 12:40 p.m.

Conservative

Ziad Aboultaif Conservative Edmonton Manning, AB

Mr. Speaker, I think my good friend from Kitchener Centre's memory has failed him big time this time. He knows that the most prominent NATO members have not ratified it. This has to be corrected. We have to be able to call a spade a spade. Besides that, we have a standard. I was hoping that the United Nations would come to Canada and say that we have the most perfect legislation in the world, and ask to adopt it. I would rather have that. With all due respect to what my good friend on the other side said, for our government to agree to a piece of legislation that we know is a downgrade from what we have is not smart.

Export and Import Permits ActGovernment Orders

June 8th, 2018 / 12:45 p.m.

Conservative

Marilyn Gladu Conservative Sarnia—Lambton, ON

Mr. Speaker, on a point of order, I want to call for quorum. At one point we were down to nine members. I still do not think we are up to 20.

Export and Import Permits ActGovernment Orders

June 8th, 2018 / 12:45 p.m.

The Assistant Deputy Speaker Anthony Rota

We have 22 members. We do have quorum.

Questions and comments, the member for Ottawa West—Nepean.

Export and Import Permits ActGovernment Orders

June 8th, 2018 / 12:45 p.m.

Liberal

Anita Vandenbeld Liberal Ottawa West—Nepean, ON

Mr. Speaker, my hon. colleague's argument is that Canada is already doing it and therefore we should not sign. However, the fact is that this creates international norms, norms that are accepted and shared across the world. That is the kind of thing where Canada can provide leadership. There is also a fund that allows other countries to accede to the Arms Trade Treaty. If virtue signalling means that we are actually going to create norms around the world to stop the illicit trade in arms and stop women and girls from being raped at gunpoint in the Congo and other countries, then yes, that is exactly what we want to do.

I would ask the hon. member whether or not it is important that Canada be part of the world community in establishing these norms.

Export and Import Permits ActGovernment Orders

June 8th, 2018 / 12:45 p.m.

Conservative

Ziad Aboultaif Conservative Edmonton Manning, AB

Mr. Speaker, when we do any signalling, we have to watch what we do. I have a lot of respect for my hon. colleague. We serve together on the foreign affairs committee. I will tell her something. When I am listening to the Liberals, whether as a politician or as an average Canadian sitting at home watching TV, it starts to sound as if Canada has left the world stage. It sounds as if we are doing something wrong. I reject that tone every day, because we are, by all means, leaders when it comes to humanitarian efforts. We are leaders when it comes to the best practices of democracy and freedom in the world. When we have to adopt something that is less than what we have already, I do not think we are doing any good for the international community, or for humanity. We should always sound proud, rather than guilty and trying to apologize for everything in the world.

Export and Import Permits ActGovernment Orders

June 8th, 2018 / 12:45 p.m.

Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, Canada plays a strong leadership role worldwide. However, we should never take it for granted. What we are talking about today is a substantial piece of legislation that adds to the value of Canada being on the world stage, making a very strong statement.

This has nothing to do with gun registration. I know that many Conservatives want to focus the issue on gun registration. That is not going to happen under this government, perhaps under a future Conservative government, but not under this government. I wonder if the member would comment on why it is so important to demonstrate leadership. Conservatives can do that by voting in favour of this legislation.

Export and Import Permits ActGovernment Orders

June 8th, 2018 / 12:45 p.m.

Conservative

Ziad Aboultaif Conservative Edmonton Manning, AB

Mr. Speaker, it is a very good question, but in the meantime, they are changing the label all the time. The Liberals put a new label on and call it a step forward, or something that we have to do. Now, we have a change of label.

This is not about the Arms Trade Treaty. It is not about how we trade arms around the world. It is just about giving a signal that Canada is part of the international community. Canada is a leader in the international community. No one can take Canada's place. We will remain the best example of democracy, freedom, and human rights, and no one can take that away from us. We are proud of the way we are and who we are.

Export and Import Permits ActGovernment Orders

June 8th, 2018 / 12:45 p.m.

Liberal

Raj Saini Liberal Kitchener Centre, ON

Mr. Speaker, I would like to inform you that I will be sharing my time with the hon. member for Ottawa West—Nepean.

Our government entered office with a mandate to expand Canadian diplomacy and leadership on global issues. We are committed to promoting human rights and fostering peace. We are committed to ensuring that our foreign, defence, development, and trade policies can work hand in hand. It is with this in mind that I am so proud to be part of a government that is committed to an export control system that is transparent and that protects human rights at every stage of the assessment process.

Canada's export control regime is, by international standards, already one we should be very proud of. Canada promotes stringent transparency, and our export regime takes human rights into account during the assessment process. However, while I am proud of what has already been done to build Canada's export control system, I believe that to remain a global leader in human rights, we must continue to do better.

The changes we are proposing in Bill C-47 are about demonstrating Canada's commitment to human rights on the global stage so that we can hold our heads high, knowing that we continue to do our part as we align ourselves with our closest partners and allies in NATO and the G7. In other words, this is about returning Canada to the forefront of international peace and security efforts. As we make these changes, and as we build lasting policies that will advance Canada's engagement on the responsible trade of conventional arms, we need to take the care to ensure that we take an approach that works for Canada. We must build policies that work within the context of Canadian institutions and embark upon an approach to the implementation of the ATT that is practical, long-lasting, and bureaucratically feasible.

This is the first international treaty that explicitly acknowledges the social, economic, and humanitarian consequences of the illicit and unregulated trade in conventional arms. I think it is important to remember that what lies at the heart of this treaty is not bureaucracy or the motivation of partisanship but rather our collective obligation to advance the human security agenda and the international community's collective agreement that we must stand together if we are to protect the rights of those who live in insecure areas and conflict zones.

There has been fearmongering where this treaty is concerned. A debate that should have been centred on the protection of some of the world's most vulnerable people has instead been haunted by hollow, baseless speculation as to how this treaty might interfere with the rights and practices of Canadian gun owners.

As U.S. Secretary of State John Kerry said:

This treaty will not diminish anyone's freedom, in fact the treaty recognizes the freedom of both individuals and states to obtain, possess and use arms for legitimate purposes.

Make no mistake, we would never think about supporting a treaty that is inconsistent with the rights of Americans, the rights of American citizens to be able to exercise their guaranteed rights under our constitution.

This treaty reaffirms the sovereign right of each country to decide for itself, consistent with its own constitutional and legal requirements, how to deal with the conventional arms that are exclusively used within its borders.

If people are legitimate law-abiding gun-owners or users here in Canada, this treaty will not impact them. The United States signed the treaty, and given the centrality of gun ownership in the United States, I highly doubt that it would have done so had there been any domestic impact from this treaty.

For anyone who may have misread or misunderstood the Arms Trade Treaty upon first reading, let me take this opportunity to remind everyone that the preamble to the ATT both reaffirms the sovereign right of any state to regulate and control conventional arms exclusively within its territory, pursuant to its own legal or constitutional system, and recognizes the legitimate political, security, economic, and commercial interests of states in the international trade in conventional arms.

From day one, this government has believed in evidence-based policy. Not only does that govern our outward-facing policy, but it affects how we operate internally as well.

We do not have unlimited resources or personnel, and we have to use them very smartly and efficiently. NDP members think differently. They want to force officials to review permits any time new information comes to light that could affect the larger decision to grant a permit.

Our officials are experts in their jobs. They know better than any of us in this House what would constitute a meaningful enough change to trigger a review of either an export or brokering permit. We should allow them to focus their energies in areas where changes are significant and carry a real risk of impacting the eventual result. By pulling them off these important reviews to engage in less critical work, we are simply raising the possibility of not catching something in the high-risk cases that could have an extremely detrimental effect and impact on the ground. Legislation must be reasonable.

The minister has the power to review permits, and in fact, the minister has used that power. The Arms Trade Treaty encourages state parties to review permits when relevant information comes to light. When we have experts tell us that they have relevant information that mandates a review, rest assured that a review will be carried out.

At committee, we learned that export experts wanted us to place the Arms Trade Treaty criteria into legislation so that we could have clear guidelines on which the decision to issue export-import permits could be assessed. We did that.

These criteria are the following: a serious violation of international and humanitarian law; a serious violation of international human rights law; an act constituting an offence under international conventions or protocols relating to terrorism to which Canada is a party; an act constituting an offence under international conventions or protocols relating to transnational organized crime to which Canada is a party; serious acts of gender-based violence; or serious acts of violence against women and children. These are mandatory considerations. They must be taken into account before any decision is made.

This amendment is at the very heart of the Arms Trade Treaty as originally envisioned. It is a vital tool to help protect human rights all around the world. Of note is the language on gender-based violence, which goes beyond the requirements of the Arms Trade Treaty. I am particularly proud of this effort on our members' part in committee to ensure that our foreign policy and development agenda align.

What else came out of committee? We now have a “substantial risk” clause in the proposed legislation. What does that mean? It would bind all future governments to the higher standards we are setting out in this proposed legislation. This clause would prevent the government from allowing for export or brokering if there were a substantial risk that it would lead to any of the acts I have previously listed. Prior to this amendment, there was no prohibition on allowing for export or brokering under these circumstances. It simply had to be considered as a factor.

The Arms Trade Treaty is a powerful tool, and acceding to it is a meaningful statement of our values. It is a way we can keep weapons out of the hands of terrorists and those who seek to do harm to Canada and its allies. The Arms Trade Treaty is a way we can reduce the risk that the trade of arms at the international level will be used to commit genocide, war crimes, and crimes against humanity.

As Canadians, we are blessed to live in a country where our strength is not measured only by our excellent defence forces or our resilient and growing economy. Our strength is measured by the people who inhabit this land who want to do good, not only in Canada but around the world. Our citizens demand that we engage with the world and that we continue to strive for peace and justice. That is the Canadian way, and that is the reason this government is going to accede to the Arms Trade Treaty.

Export and Import Permits ActGovernment Orders

June 8th, 2018 / 12:55 p.m.

Conservative

Harold Albrecht Conservative Kitchener—Conestoga, ON

Mr. Speaker, I thank my colleague from Kitchener, my neighbour. I appreciate his input here, and I enjoy working with him in the Waterloo region.

Earlier today when we were debating this, it was clear that there was a misunderstanding in terms of those major countries that have signed and ratified this document. I pointed out that the U.S. has not ratified it.

I want to give my colleague an opportunity to clarify that the U.S. and other major countries, major manufacturers and exporters of military and security equipment, have not ratified this particular treaty.

Export and Import Permits ActGovernment Orders

June 8th, 2018 / 12:55 p.m.

Liberal

Raj Saini Liberal Kitchener Centre, ON

Mr. Speaker, I am glad the hon. member asked that question. I too also enjoy working with him.

I am burdened by science. I am burdened by facts, and here are the facts.

The U.S. signed that treaty. The nuance in the American political system is that to ratify a treaty requires two-thirds of the vote in the Senate. That is why the majority of treaties are never ratified, but that does not mean that they do not follow the treaty. They do follow the treaty. The G7 countries follow the treaty. NATO follows the treaty. Our allies follow the treaty. The OECD follows the treaty.

What I have been hearing from the other side is about the strength and the robustness of the system. If it is strong and it is robust, why do we not share our best practices with the rest of the world? Why do we not accede to this treaty? Why do we not help those countries that also want to join collectively, in collective security around the world, with our best practices to sign this treaty?

Export and Import Permits ActGovernment Orders

June 8th, 2018 / 1 p.m.

NDP

Murray Rankin NDP Victoria, BC

Mr. Speaker, Control Arms is the international coalition of some 300 civil society partner organizations in all parts of the world. They campaigned for the creation and adoption of the Arms Trade Treaty.

Today, Control Arms said this on social media:

Canada's #armstreaty bill loopholes should be closed, so that they fully comply, and help lead the world in stopping arms that fuel atrocities

How can the hon. member justify continuing with the bill when the main civil society partnership of some 300 organizations that built this treaty is telling them to close the loopholes?

In response to the last question, does the member not understand the difference between passing a treaty and ratifying it, as the Americans have never done?

Export and Import Permits ActGovernment Orders

June 8th, 2018 / 1 p.m.

Liberal

Raj Saini Liberal Kitchener Centre, ON

Mr. Speaker, I know the difference between signing and ratifying. The United States has signed it, but the nuance of its particular system is a bit different, but it has adhered to the treaty.

I know the NDP has difficulty understanding economics, so let me explain a bit about economics. When the member talks about loopholes, what he is specifically talking about is the United States, from what I gather. The reason for this treaty is to close loopholes, to make sure we aspire to a treaty that is collective among the world nations, the G7, NATO, and its allies.

My colleague is trying to use a different way to ask the question, so let me answer the question directly. We have 2,500 different arrangements with the United States. We have been partners and we have been allies. We have fought two world wars together. We fought the Korean War. We have been in other multilateral situations where we fought side by side. Our defence industries are intertwined and are cross-border; 63,000 jobs in Canada depend on the defence industry; it adds $6.7 billion to our collective GDP; and 640 small and medium-sized enterprises in Canada depend on this industry.

What I can honestly say to the member is that this treaty will allow us to accede to a higher norm that is presently available, but it will also set an example for the rest of the world, for those countries that are all struggling to find a way to accede to this treaty. We would share our best practices, and we would make sure that this treaty prevents war and the alteration of international human rights.