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.

Foreign Affairs

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

Mr. Speaker, we are absolutely committed to an export control system that is rigorous, that is transparent, and that is predictable. Our government is taking steps to further strengthen the export regime. We have allocated $13 million to help Canada accede to the arms trade treaty.

With Bill C-47, which we just spoke of, we are moving forward on a key campaign commitment to strengthen Canada's arms control regime and accede to that treaty. Bill C-47 would allow us to join our G7 and NATO allies by acceding to the treaty and playing a leadership role in regulating the trade of conventional arms around the world.

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

Mr. Speaker, Bill C-47 on the Arms Trade Treaty respects neither the letter nor the spirit of the treaty, and it does not even cover exports to the United States, which is why Stéphane Dion's former human rights advisor said that the bill is quite simply inadequate.

In committee, the NDP proposed six amendments to the bill based on expert testimony.

Will the government finally listen to Canadians' concerns, accept our amendments, and fix the flaws in this bill?

[Chrystia Freeland, Liberal, Minister of Foreign Affairs]

Mr. Speaker, I am proud to assure members of this House and all Canadians that we are delivering on our campaign commitment to join the Arms Trade Treaty. Tackling the illicit trade in weapons is essential for the protection of people and of human rights. Bill C-47 would put into regulations the criteria that must be considered before authorizing export permits. As with all regulations, all Canadians will be able to provide input into developing these criteria.

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

Mr. Speaker, to join the treaty, we would first have to respect it.

Experts have testified to the serious problems in the bill to implement the Arms Trade Treaty. Two detailed reports have been issued that insist that the government's Bill C-47 does not reflect either the spirit or the letter of the treaty. Nothing in the bill would prevent future arms deals with human rights abusers.

I ask the minister again. Will the government amend the bill or withdraw it and start over?

[Chrystia Freeland, Liberal, Minister of Foreign Affairs]

Mr. Speaker, we are keeping our election promise to join the Arms Trade Treaty. Regulating the illicit trade in weapons is essential for the protection of human rights.

Bill C-47 would put into regulation the criteria that must be considered before authorizing export permits. As with all regulations, all Canadians will be able to provide input into developing these criteria.

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

Mr. Speaker, Bill C-47 on the Arms Trade Treaty has numerous flaws. For instance, it does not impose any firm legal limits on the authority of the Minister of Foreign Affairs regarding the approval of arms exports. Furthermore, it does not cover exports to the U.S., which account for 50% of our arms exports.

Experts who appeared before the Standing Committee on Foreign Affairs and International Development talked about the serious concerns they have.

Will the government agree to amend the bill, or even better, withdraw it and start over?

Bill C-48--Time Allocation Motion

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

Mr. Speaker, I am disappointed in this, and we as a party are offended.

There was an agreement made two and a half weeks ago when this session started that we would work together with the government and not be obstructionist, but work to help pass bills that we were able to support.

The result so far is that the government has passed Bill S-2, C-21, C-47, and Bill C-58 all without time allocation, and progress was being made on three more bills, Bill C-55, C-57, and C-60.

There was one bill that we said we had a lot of interest in and would like to have enough time for all of our members to be able to speak, and that was Bill C-48. Now the House leader has broken her word. There is no other way to interpret this. If this is the way she is going to start this session after we have worked in such good faith for the last two and half weeks, all the members know that it will be a case of here we go again: a repeat of the failure we saw in the spring session.

Where in the world is the House leader's integrity and ability to keep her word?

Export and Import Permits Act

[Chris Bittle, Liberal, St. Catharines, ON]

Mr. Speaker, I rise on a point of order. I move:

That, notwithstanding the order made on Thursday, September 28, 2017, the recorded division on the motion for second 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) deferred until Tuesday, October 3, 2017, at the expiry of the time oral questions, be further deferred until the expiry of time provided for government orders on the same day.

Oceans Act

[Ziad Aboultaif, Conservative, Edmonton Manning, AB]

Madam Speaker, I rise today to speak to Bill C-55, An Act to amend the Oceans Act and the Canada Petroleum Resources Act. At the outset, while I understand that amending the Oceans Act and the Canada Petroleum Resources Act would allow the Liberal government to meet its political target of 5% protection by 2017, by introducing this bill the Liberals have failed to follow through with their commitment to consult Canadians on issues of importance. The government flaunts its ability to consult Canadians, but is not consulting Canadians on the right things. That is what we call mostly “selective consultation”. For example, the government does not intend to consult Canadians on the interim marine protected areas, MPAs, it would seek to put in place once the bill has been passed. The word “interim” can be deceiving. Having these MPAs in place for up to five years would make it difficult to reverse the protection in years to come.

Another example of the government's inability to consult Canadians is Bill C-47 aimed at enabling Canada to accede to the Arms Trade Treaty, which I rose to speak to yesterday and on which law-abiding hunters, sport shooters, and collectors have not been consulted. When I was advocating for these Canadians yesterday, the members opposite said that my argument was bogus and phony. There are many more examples of the lack of consultation, but the final example I will touch on is the current government's proposed unfair tax changes announced in July of this year in the midst of Canadians' summer holidays. I have heard from numerous constituents on this issue, and the finance minister has refused to extend his measly consultation period, even though Canadians are begging for it.

Now I will get back to the topic of the day, Bill C-55. I would first like to read from the summary of the bill, which I have in my hand. In the summary paragraphs (a), (b), and (c), the bill's objectives read as follows:

(a) clarify the responsibility of the Minister of Fisheries and Oceans to establish a national network of protected areas;

(b) empower the Minister to designate marine protected areas by order and prohibit certain activities in those areas;

(c) provide that, within five years after the day on which the order of the Minister designating a marine protected area comes into force, the Minister is to make a recommendation to the Governor in Council to make regulations to replace that order or is to repeal it.

If passed the bill could completely alienate fishing grounds for other important marine activities for up to five years without adequate consultations with Canadians. Once an area has been placed under interim protection, it would become increasingly difficult to reverse as it would require removing protections that had been in place for up to five years. That by itself is a major problem. When we are talking about problems like that, which could become irreversible, we are talking about what could become a permanent problem that will take more and more efforts to fix. It is a recipe for failure and danger in the longer term.

This bill would put too much power in the hands of solely one person, the Minister of Fisheries and Oceans. That is an unprecedented granting of power to one person, regardless of who the person is, in which government, and in which area. By eliminating any requirement on the minister to rely on scientific evidence and by speeding up an MPA designation process with no oversight or consultation, we would put Canadians' jobs at risk in our coastal communities.

As I said, we are looking at selective consultation by the government. When it needs to consult, it neither consults nor takes a scientific approach. However, we believe that attention has to be paid to consultation when presenting bills of this calibre. We must make sure that our job is done, and take the time to do so.

Our previous government, through the national conservation plan, NCP, invested $252 million over 5 years to secure ecologically sensitive lands, support voluntary conservation and restoration action, and strengthen marine and coastal conservation. The Conservative Party is not opposed to creating MPAs by any means. In fact, we have championed conservation and marine protection in the past. All we are asking for is a balance between the protection of marine habitats and protection of the local economies that depend on commercial and recreational fishing. To that extent, I come back to the many stakeholders with expertise in various areas who have spoken at length about this, asking the government to consult more and to take its time in its approach to this.

MLA Johnny Mike from Nunavut said that he strongly opposes the bill, calling it an “absolute travesty” for his constituency. This is from a local politician who knows best, on the ground, what is going on and reflects his constituency's opinion.

The former MP from Nunavut, the hon. Leona Aglukkaq, is a strong advocate for the people of the north. However, she says that it seems that the government and its representatives have not consulted enough, have not talked to the people, and that the bill's poor consultative process was an insult.

I have other stakeholder opinions here that are along the same track on how the consultative process has been handled. The government rushed this in the second half of its mandate. This will be one of the signatures of the government: pushing a bill through without proper consultation and without a proper evidence-based approach.

Conservatives understand the economic importance of fish and seafood to the Canadian economy. In fact, the previous government focused on building on existing international markets, introducing new ones, and making significant investments in marine research, harbour infrastructure, the sustainability of lobster, and indigenous participation. However, by choosing to fast-track implementation of MPAs in order to meet its self-imposed political targets, the current government is doing a disservice to all Canadians.

On a final note, the Standing Committee on Fisheries and Oceans had studied MPAs. At the conclusion of its study, the committee concluded that understanding MPAs is quite complex. If the committee observed this at the end of its study and after hearing witnesses, it means that we have concerns on this and the approach taken by the government. Therefore, I encourage the government to take a pass on its bill. As my colleague, the member for Bruce—Grey—Owen Sound, said yesterday, take the time and get it right. To the government, to the minister, take the time and get it right.

Business of the House

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

Mr. Speaker, I am sure my colleague across the way will be happy with what we are about to say.

We will continue today with second reading of Bill C-47, the Arms Trade Treaty. When the debate is completed, we will then proceed with Bill C-55, the protection of Canada's marine and coastal areas. Tomorrow we will return to Bill C-55.

The business for Monday and Wednesday next week will be Bill C-48, the oil tanker moratorium bill. Tuesday and Thursday shall be allotted days.

Situation in Myanmar

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Madam Speaker, if the hon. member for Durham is unfamiliar with my various criticisms of the Liberal government, I could refresh his memory. I have been very critical of the government's failure to step up, to negotiate, and to participate in the treaty to eliminate nuclear weapons.

I am dismayed that the current legislation, Bill C-47, on which the hon. member for Durham has taken the bizarre tack that it might be a long-gun registry in disguise, in fact needs to close the loophole for the shipment of weapons to the United States and then to other countries without record.

I have many criticisms of the current government. It does not compel me in any way to join in to a piling on in criticizing a speech that has already been given. I do agree with the member for Windsor—Tecumseh that a UN mission is appropriate, and that Canada should use every lever we have through international organizations to do more to pressure the government of Myanmar, to do more to protect the rights of refugees, and to do more to prevent the ongoing genocide.

Arms Trade Treaty

[Larry Miller, Conservative, Bruce—Grey—Owen Sound, ON]

Mr. Speaker, I rise in the House today to present e-petition 1073, which calls on the government not to sign the United Nations Arms Trade Treaty and to halt the passage of Bill C-47.

The more than 4,500 signatories from my riding and across the country express their concerns regarding the impact that Bill C-47 and Canada's accession to the Arms Trade Treaty would have on lawful civilian ownership of firearms in Canada. This petition has signatories from every province and territory expressing their concerns about Bill C-47.

[Bardish Chagger, Liberal, Leader of the Government in the House of Commons and Minister of Small Business and Tourism]

Mr. Speaker, this afternoon, we will continue this morning's debate on Bill C-47 regarding the Arms Trade Treaty. Tomorrow we will begin debate at second reading of Bill C-58, an act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other acts.

We will continue with consideration of Bill C-58 on Monday and Tuesday next week.

On Wednesday, we will commence second reading debate of Bill C-55, the bill to enhance the protection of Canada's marine and coastal areas.

Next Thursday, we will resume debate of the bill before us today, Bill C-47.

In response to the opposition House leader's question, my hon. colleague knows very well there are seven opposition days in the fall, and we will have more information for her in regard to scheduling. We figured, with all of us coming back to the House, it would be kind of us to let the opposition settle in, and get the government's business ahead, but I look forward to continuing to work together.

Export and Import Permits Act

[Richard Cannings, NDP, South Okanagan—West Kootenay, BC]

Mr. Speaker, I will be sharing my time today with the member for Nanaimo—Ladysmith.

I am happy to rise here today to speak in this debate on Bill C-47, the legislation that is meant to meet Canada's obligation to ratify the Arms Trade Treaty.

This treaty came into force in 2014. The previous Conservative government refused to join the majority of countries around the world and sign this treaty. Indeed, it was the only government within NATO and the G7 to refuse to do so. I and my colleagues within the NDP are happy to see the government now move ahead to join most of the civilized world in acceding to the Arms Trade Treaty. Therefore, we will support sending Bill C-47 on to committee. We have several concerns about the bill that I hope will be fixed with amendments in committee, and I will expand on a couple of those concerns.

I represent the riding of South Okanagan—West Kootenay, which has a long history of pacifism. Part of that history involves the strong Doukhobor communities in parts of the West Kootenay and Kootenay Boundary regions. The Doukhobors came to Canada in the early 1900s, seeking a refuge to practise their belief in pacifism and living their motto of “peace and toil”. In the 1960s, another wave of pacifists came to southern B.C. in the form of American draft dodgers, who left their homes and families to avoid conscription into the Vietnam War.

This history has created several very active, key groups promoting peace in my riding. There is the Boundary Peace Initiative, and the Kootenay region branch of the United Nations Association. Another peace initiative in my riding is the Mir Centre for Peace at Selkirk College in Castlegar, which provides a diploma program in peace and justice studies, as well as an international program in unarmed civilian peacekeeping. These groups and others like them are celebrating the International Day of Peace today across Canada. While I wish I could be with them in person in the riding, I am happy to celebrate the day with this debate. I am proud to represent a riding with such strong interest in peaceful solutions to world conflicts and to speak here today about efforts to regulate the trade in military material.

However, residents of my riding are not alone in their concern about arms trade. Polls show that the majority of Canadians do not want our country to export military equipment to countries with a history of human rights abuses. Many Canadians would be surprised to learn that our country has almost doubled its military exports in the last 10 years and that we are the world's second-largest arms dealer to the Middle East. This kind of involvement in such an explosive region makes it difficult to increase our role as a trusted peacemaker anywhere in the world.

Where does Bill C-47 fall short?

First of all, exports from Canada to the United States would be exempt from the Export and Import Permits Act as amended by the bill. This is contrary to the letter and spirit of the Arms Trade Treaty, which calls for a complete and transparent coverage of all military exports. Fully half of our military exports go to the United States. The government has argued that the U.S. is a trusted ally and we should not need to regulate arms trade to our neighbour, but I see two problems with that stance. First, the U.S. has not ratified this Arms Trade Treaty and so has no obligation to track trade in military products. Second, the present administration in the U.S., I think it is fair to say, has a very different stance on trade with a number of countries that Canada has expressed concerns about. Therefore, material and parts for military systems sold by Canadian companies to the U.S. could be incorporated into equipment there and sold anywhere in the world without it being tracked through the Arms Trade Treaty.

Another concern we have is that important parts of our legal obligations under the Arms Trade Treaty will only be enacted through regulation. These include the legal obligation of the Minister of Foreign Affairs to assess permits using certain criteria.

Unfortunately, these criteria will only be revealed through regulation after the bill receives royal assent. In other words, we here in this place will not have any role in debating those criteria, and they could arguably be an important part of the law.

As I said at the beginning, the NDP supports the bill at this stage. Any efforts to control, regulate, and monitor the export of military equipment can only be a step forward to a more peaceful world.

The NDP has a strong history of supporting and promoting initiatives for peace around the world, and we were very disappointed when the Liberal government refused to take part in the recent UN negotiations toward a nuclear weapons ban treaty.

The Prime Minister said in question period earlier this week that the NDP is always ready with “well-meaning platitudes”, or at least that is how it was translated in Hansard. In the verbal translation we heard here, that came out as “we were ready with lovely words”. What the NDP is concerned about with respect to Bill C-47 is that it is in fact just lovely words. It does not fully meet the Arms Trade Treaty obligations.

We hope that the government will seriously consider amendments at committee stage to fix these problems so that Canada can fully live up to its agreements on the world stage and truly make the world a more peaceful place.

[Michael Cooper, Conservative, St. Albert—Edmonton, AB]

Mr. Speaker, the member is absolutely right. There has been a lack of a carve-out. As a result, it has created some very legitimate concerns in light of the vague and ambiguous language contained in the bill.

The Liberals should not have signed the treaty before they got that carve-out. That was the position of our government. Even if they went ahead and signed the treaty, at the very least they could have included language in Bill C-47 to raise objections to any interpretation that would result in the application of the treaty to civilian recreational firearms users in Canada.