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 was last introduced in 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 often publishes better independent summaries.

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.

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

September 28th, 2017 / 1:05 p.m.
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Conservative

Larry Maguire Conservative Brandon—Souris, MB

Mr. Speaker, it is a privilege for me to rise in the House today to discuss Bill C-47, an act to amend the Export and Import Permits Act and the Criminal Code.

What I am about to say has probably been said by a number of my colleagues, but I will reiterate some of the key points.

I believe, as many government members have already stated, that under article 10 of the United Nations Arms Trade Treaty, Canada is required to establish brokering controls. It is important to note that within the proposed legislation, brokering is defined as arranging or negotiating a transaction that relates to the movement of goods or technology on a new brokering control list from a foreign country to another foreign country.

Under the government's proposed legislation, the act would implement controls around the brokering of military goods between two countries outside of Canada. In addition, a legal obligation would be established whereby the Minister of Foreign Affairs considers specific assessment criteria prior to authorizing permits. For summary conviction offences, the maximum fine under the Export and Import Permits Act, or EIPA, would be increased from $25,000 to $250,000. Under the Arms Trade Treaty, all states are assigned the primary responsibility in establishing and implementing their respective national control systems. Within the framework of the Arms Trade Treaty, the Department of National Defence is required to be brought into the export control system.

There have been many arguments put forward that the legislation before us is flawed. My colleagues have named a number of them. I would like to summarize some of the concerns I have with Bill C-47.

First, it is important to know that Canada already has a responsible internal system to monitor and control the export of military and security equipment that meets or exceeds the UN treaty.

There are three of four areas I will touch on.

The first is the Trade Controls Bureau in Ottawa, which regulates the Export and Import Permits Act. Since 1947, it has allowed the minister to prevent the supply of military equipment to countries for a variety of reasons, including those that are a security threat, involved in internal or external conflict, or are under sanctions by the United Nations.

The second is that specific items are already heavily restricted by Canada include military or strategic dual-use goods; nuclear energy materials and technology; missile, chemical or biological goods; and cryptological equipment. Companies throughout Canada are leaders in many of these areas.

The third is that we are already tracking and recording more than what is required under the Arms Trade Treaty. Canada Border Services Agency and Statistics Canada collect information on all items exported from Canada and classify these items using categories negotiated by the World Customs Organization.

Canada can also utilize a blanket ban on trade with risk countries through the use of the area control list, which, under the Export and Import Permits Act, through an act of the Governor in Council, a country can be placed on that list. North Korea is there at present. In the past, the list has included Belarus and Myanmar.

Furthermore, countries that represent the majority of the sales of military equipment, Russia and the United States, have either not signed or have not, and likely will not, ratified the treaty, which has been mentioned by my colleagues here today. Like many ineffective international treaties, the key participants in the trade are not part of the treaty, which raises alarm bells in itself.

The Department of National Defence, as a crown department, is traditionally exempted from the export control system. Exports of military aid or government-to-government gifts do not require authorization, and occur without oversight by Canadian export control officials.

Article 5 of the Arms Trade Treaty would require bringing our Department of National Defence into the export control system. I know that many MPs have stated that any Arms Trade Treaty should explicitly recognize the legitimacy of lawful ownership of firearms by responsible citizens for uses such as sports shooting, hunting, and collecting.

The Liberals have moved forward with an Arms Trade Treaty that does not respect the legitimate trade or use of hunting and sporting firearms. We are concerned that little or no consultation with lawful gun owners was undertaken by the Liberals before they unilaterally decided to accede to this treaty. That brings to mind a meeting I held in my own constituency early in September, when I met with gun owners throughout my constituency and had a workshop with them. This bill was raised by those individuals in discussions.

They are the ones that were concerned about whether the government would be bringing in a backdoor gun registry again, as my colleague from Kawartha Lakes just mentioned. This is a concern that is on people's minds, not only in my constituency. My colleague from Yorkton—Melville has mentioned as well that there was a concern in her area, my neighbouring constituency in Saskatchewan.

There are a number of reasons Canadians are feeling they cannot possibly trust the Liberal government when it comes to some of these areas, or they have concerns about some of the things that might be in this bill. That is because the government has already not fulfilled some of the other promises they made, and have driven extensive legislation out of the way to overtax citizens in Canada. The carbon tax, the implementation of the corporate tax laws it is looking at, are some examples, and of course, the idea there may be a gun registry coming back.

From the discussions and calls I have received since that meeting in Brandon three weeks ago on gun registries, Bill C-47, and the thoughts on them, we have also seen a much more driven focus by the Liberal government to tax. It is trying to bring in corporate tax changes on small businesses, medium-sized farming operations, and family farming operations. There is much concern in our rural areas about driving away professionals such as doctors, which are already in short supply.

With those concerns, I will not be supporting Bill C-47.

Export and Import Permits ActGovernment Orders

September 28th, 2017 / 1:05 p.m.
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Fredericton New Brunswick

Liberal

Matt DeCourcey LiberalParliamentary Secretary to the Minister of Foreign Affairs

Mr. Speaker, I am thankful for the opportunity to address the comments made by my colleague across the way. I wonder if he would explain to his constituents that what Bill C-47 would do, in addition to providing a more codified way in which Canada can ensure that conventional arms are not getting into the hands of people who would do undue harm to women and children in conflict zones, is that it would leave in place the exact same record-keeping regime that was in place under the previous Conservative government. Would he explain that to his constituents, and would he also explain to them that Canada has a leadership role to play in helping address situations where women and young children are unduly and negatively affected in conflict zones? Canada can help regulate and resolve some of the terrible things that happen around the world.

Export and Import Permits ActGovernment Orders

September 28th, 2017 / 12:55 p.m.
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Conservative

Jamie Schmale Conservative Haliburton—Kawartha Lakes—Brock, ON

Mr. Speaker, I am pleased to rise today and speak on Bill C-47, an act to amend the Export and Import Permits Act and the Criminal Code. In 2016, the Liberals announced that they would agree to sign the UN Arms Trade Treaty. This bill, if adopted, would implement the ATT.

Conservatives have always supported efforts to establish international standards for the trade of arms, which would help prevent illicit transfers to tyrannical regimes, terrorists, or criminal organizations bent on harming innocent people throughout the world and fuelling conflicts with their neighbours. I am stating for the record, which I am sure will not surprise many of my hon. colleagues in the House, that I oppose this bill. There are several reasons I oppose it, and for the benefit of Canadians watching on CPAC or in the House, I will explain why.

First, Canada already has an accountable and robust internal system to monitor and control the export of military and security equipment, controls that meet or exceed those laid out in the ATT. The Trade Controls Bureau, which regulates the Export and Import Permits Act, has provided ministers, since the beginning of the cold war, with the ability to prevent the export of heavily restricted items of a military nature to countries that, for a variety of reasons, are perceived to be a threat internally or externally or are under sanctions by the United Nations. We take this seriously. We restrict dangerous items, which include military, strategic dual-use goods, nuclear energy materials and technology, missile, chemical, or biological goods, and cryptological equipment.

Second, we have a comprehensive and rigorous system in place to track and record more items, not fewer, than will be required under the ATT. What is more, Canadians are doing the tracking, not foreign governments. Canadian agencies, fully accountable to Parliament, like the Canada Border Services Agency, which tracks items, and Statistics Canada, which collects information on all items exported from Canada, classify these items using categories negotiated by the World Customs Organization.

Third, Canada has at its disposal the area control list under the Export and Import Permits Act. Through an act of the Governor in Council, a country can be placed on this list and receive a blanket trade ban. North Korea is there right now. In the past, the list has included other countries like Belarus and Myanmar.

Fourth, countries that represent most of the sales of military equipment, like Russia and the United States, have either not signed or likely will not ratify the ATT. How effective is this? How does the government currently think that the ATT would be very effective when key participants in the trade of these items are not part of the treaty?

Fifth, any military trade treaty should explicitly recognize the legitimacy of lawful ownership of firearms by responsible citizens for uses such as sports shooting, hunting, and collecting. The Conservatives have taken a strong and principled stance on this issue. We believe that any military trade treaty must recognize the legitimacy of lawful ownership of firearms by responsible citizens for their recreational use. This is why we did not sign the treaty when we were in government. We could not guarantee the protection of such traditional Canadian activities like hunting, for example.

We must remember that our primary duty as parliamentarians is to protect the rights and freedoms of Canadians. The member for Prince George—Peace River—Northern Rockies stood in the House and did a great job of outlining that issue for law-abiding gun owners, hunters, and recreational firearm enthusiasts. He was asked about this matter in particular and faced a few questions, and there were calls for the member and others to point to where in the legislation there would be a gun registry. I am not going to waste everybody's time here rereading that bill into the record as it has already been done by the member for Prince George—Peace River—Northern Rockies.

Before members ask me to point to sections that talk about keeping records, I should specify that it is “any records” that the minister stipulates, or the section that references that the minister can require “any person or organization that is required to keep records” to retain them for any period. I challenge members to take the bill back to their ridings and have a farmer, a hunter, a sports shooting enthusiast, or even a gun collector interpret it for them. I guarantee there will be a lot of questions on it.

I am sure they will give their thoughts on another gun registry, a registry—I might remind members—that targeted law-abiding firearms owners, cost the taxpayers of Canada some $2 billion, and did absolutely nothing to prevent firearms from getting into the hands of criminals.

Now we have a government that promised not to introduce a gun registry, yet here it is, the very strong potential for a backdoor gun registry. This seems to be the modus operandi for the government: to introduce proposals that it knows will not pass muster, under some guise. As the old saying goes, you can put lipstick on a pig, but it is still a pig.

Summer is the traditional time for vacations or in the case of farmers and entrepreneurs a very busy time, especially in my riding where the summer tourist season is short in some cases. In Ontario we had weather that was not exceptional for some tourist operators, marinas, hotels, and that sort of thing, so that is a crucial period and they are very busy. In the midst of summer, the Minister of Finance tried to slip past massive tax hikes on small business owners, professionals, and farmers, many of whom were in the fields when this was announced. They were busy.

What is it about law-abiding Canadians who are minding their own business that the government has such an issue with? Whether it is responsible gun owners enjoying a recreational pastime or hard-working small business entrepreneurs creating the jobs that grow the economy of this country, the government seems to feel obligated to meddle with legislation that is working fine.

Conservatives agree that Canada's tax system should be fair and equitable for all, and we agree that any military trade treaty we sign needs to protect the rights of Canadian firearms enthusiasts, so why has the government tried to stifle debate and “consult” in the middle of summer? Why is the consultation period set to end next Monday, just 10 days after the resumption of Parliament? Why will the government not prove to Canadians that there was not ill intent, and extend the tax hike consultation deadline?

I can tell everyone why, and it is the same reason that we are debating this problematic bill right now. The Liberal government feels it knows better. It knows better than Canadians and it knows better than the citizens of this country. The government wants to make the world less safe by adopting the ATT, which will do less to protect Canadians, our allies, and innocent lives around the globe. The government wants to remove oversight by trusted Canadian agencies, which are accountable to Parliament and by extension the people of Canada. It wants to do this to reintroduce a piece of legislation it promised not to introduce, a piece of costly legislation nobody wants. Why? It is because it seems to know better. I am here to say it does not, and I suspect it will not be long before Canadians tell it the same thing as well. I look forward to questions from my colleagues.

Export and Import Permits ActGovernment Orders

September 28th, 2017 / 12:40 p.m.
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NDP

Wayne Stetski NDP Kootenay—Columbia, BC

Mr. Speaker, I thank my colleague from the Green Party for hopefully bringing a sense of comfort to the many gun owners in my riding, where hunting is very much a part of the way of life for many people and many of my constituents.

The NDP will support Bill C-47 at second reading, and we hope to see amendments at committee. Since the member does not get a chance to participate actively in those committees, I would ask her if there are amendments she would like to see brought forward in addition to the one concerning tracking arms through the United States.

Export and Import Permits ActGovernment Orders

September 28th, 2017 / 12:25 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, it is an honour to rise today to discuss a treaty as important as the Arms Trade Treaty, or ATT.

I do commend the Liberal government and Prime Minister for committing to sign and ratify this treaty. I agree with the hon. member for Vancouver Kingsway that Canadians were ashamed when we were the only NATO country not to have signed the Arms Trade Treaty. Signing it is important; ratifying it is important. The legislation that comes before us today to allow us to implement the treaty is important.

I am going to take a few moments before I go into the details of what needs to be remedied within Bill C-47 to make it the legislation that Canada needs so that we really implement the Arms Trade Treaty. I am going to a few moments to put to rest, I hope, some of the distressingly flawed scare tactics by friends of mine on the Conservative benches. I am deeply distressed that people in the House would not be sure they understand the legislation before allowing people across Canada, particularly legal gun owners, to become alarmed by a bill they should not be alarmed about.

Moments ago in debate one of the Conservative members read out part of Bill C-47, in fact from clause 10. This is how people are misled. I am going to take some time to go through this, so that members in this place and people watching on CPAC, or however they are watching this, can see how selective reading can spread alarm.

This was read out from Bill C-47:

Inspection

10.2 (1) An inspector may, at all reasonable times, for any purpose related to the administration or enforcement of this Act, inspect, audit or examine the records of any person or organization

That was was read out as if this bill to deal with the arms trade, the transfer of military equipment, tanks, weapons, and all manner of conventional arms, would have an impact on any person or organization, such that they could suddenly have their door beaten down by an inspector.

Where the hon. member who read that statement stopped reading was right before the following words:

that has applied for a permit, an import allocation, or export allocation, a certificate or another authorization under this Act

There is no way in the world that the proposed subsection that was read out has the meaning that the hon. member for Yorkton—Melville just implied. The words “any person or organization” are followed immediately by the words “that has applied for a permit”. There is no legal gun owner across this country nor local gun store nor local supplier of recreational equipment of any kind that is dealing in arms and applying for a permit under this bill.

That is why I am so deeply distressed that Canadians who have fought against the long-gun registry, say, “Okay we no longer have a long-gun registry”, but are concerned about this. Canadians who fought against the long-gun registry do not need to worry. There is no way in this world that any portion of the global treaty or domestic legislation would apply to domestic activities.

Let me read these words from the treaty itself:

Mindful of the legitimate trade and lawful ownership, and use of certain conventional arms for recreational, cultural, historical, and sporting activities, where such trade, ownership and use are permitted or protected by law.

The treaty specifically says in article 2(3) the following:

This Treaty shall not apply to the international movement of conventional arms by, or on behalf of, a State Party for its use provided that the conventional arms remain under that State Party's ownership.

To be very clear again, this treaty and the domestic act to bring it into force apply only to those who choose to ask the government for a permit to export the arms described in the treaty as including battle tanks; armoured combat vehicles; large-calibre artillery systems; combat aircraft; attack helicopters; warships; missiles and missile launchers; and small arms and light weapons. Unless the purpose is to export those to another country for military purposes, this legislation would not apply.

Let us see how well it would do in curtailing the arms trade from Canada to countries that we would not want to see using those weapons against their own people, countries with dubious human rights records.

When I was growing up, Canada was not an arms trading country. We did not think of ourselves as big in the arms trade business. The military industrial complex on the U.S. side of the border had not yet started taking over enough of our companies that we became enmeshed in their business.

Some of our defence decisions are influenced by commercial interests. The F-35 fighter plane boondoggle was embraced by previous governments because subcontracts might flow to the aerospace industry within Canada. This enmeshing of our economies has brought with it an enmeshing in parts that go into weapon systems that we would not want to see going to other countries. For instance, the United States recently sold warplanes and armoured vehicles to Nigeria. Those warplanes will have in them Pratt & Whitney engines manufactured in Quebec. Is that a concern? It is to Canadians. We need to track that. If we are serious about the Arms Trade Treaty, we do not want Canadian components and Canadian arms flowing through the U.S. to other countries.

Let us look at our history as an arms trading country. There has been a 48% increase in the arms trade. When it spiked one year there was a lot of national concern, which I remember. It was 1994, and there had been a 48% increase in our arms sales, which took us to $497 million that year. In 2016, Canada had a trade in arms of $718 million. That is far more than the peak year of 1994. Of that $718 million in weapons and arms we exported from Canada, nearly 20% went to Saudi Arabia, or a total of $142 million in sales.

It is critical that we make the Arms Trade Treaty work for the world. Canada has shown leadership on a treaty like this in the past. I wish we would show leadership as well on the nuclear disarmament treaty, as well as the fissile material cutoff treaty in which we are participating but not leading.

On this issue, we should look to our history with the Ottawa Treaty banning land mines. The movement that led to that treaty won the Nobel Peace Prize, and rightly so. December 3, 2017, will be the 20th anniversary of Canadian leadership in helping to rid the world of land mines. We have not yet rid the world of land mines, but their use has declined dramatically. We have proven statistics, proven evidence, that the land mine treaty has saved thousands of lives around the world, even though major world powers like the U.S., China, and Russia never signed on to the Ottawa Treaty. Still, the treaty works and has massively reduced land mine traffic.

Canada has an opportunity here to step up again. The minimum we can do is to sign and ratify the Arms Trade Treaty at the UN, but our domestic legislation must meet the purposes of our global commitment, and that means fixing the loophole that would allow military equipment under the definition of the treaty to pass through the United States. At this point, the U.S. has signed the treaty, but it will remain a non-state party to this treaty. This means that it will not have to track where the weapons go or meet the tests and the analysis and the screening that Canada and other parties must meet.

I say to my friends on the government benches, can we please get this legislation to committee and fill that loophole that is big enough to drive a tank through, the loophole that does not limit or record the sales and the transfer of weapons through the United States?

Export and Import Permits ActGovernment Orders

September 28th, 2017 / 12:20 p.m.
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Fredericton New Brunswick

Liberal

Matt DeCourcey LiberalParliamentary Secretary to the Minister of Foreign Affairs

Mr. Speaker, I would like to state clearly that our government takes very seriously the export of arms to countries around the world. We have a robust process in place to ensure that we consider the end-user and end use in issuing any export permits for arms headed to countries around the world.

Acceding to the Arms Trade Treaty would strengthen Canada's current export control system; establish a decision-making process, codify it, and ensure that it is more transparent, more robust, and more comprehensive; and ensure that Canada could contribute to greater peace and arms trade compliance in some conflict zones around the world. The ATT recognizes that there is no one size fits all for countries that are acceding to the treaty, and the decision to not require export permits for a majority of goods headed to the United States was determined to be fully compliant with the ATT.

Does the member opposite agree that acceding to this treaty via Bill C-47 would strengthen Canada's role in the trade of conventional arms around the world?

Export and Import Permits ActGovernment Orders

September 28th, 2017 / 12:10 p.m.
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NDP

Don Davies NDP Vancouver Kingsway, BC

Mr. Speaker, I am very moved to stand in the House today to speak to this issue. As parliamentarians, we occasionally have the opportunity to address issues that are of fundamental importance not only to Canadians but to people around the world. I cannot think of any issues that are more important to people in our globe than those that concern safety, security, and peace. These are foundational issues upon which all other activities depend.

We are witnessing conflicts and violence in this world, both civil and across borders, that represent a failure of the international order. The treaty before us gives us an opportunity to improve our world.

As parliamentarians, we spend a lot of time saying “human rights”, “rule of law”, “democracy”, and “freedom”. These are words that have intense meaning and importance to Canadians and people around the globe. The complete antithesis occurs when people resort to arms, to force, to violence as a means of altering political or social reality in this world. There is nothing more antithetical to the rule of law than the rule of violence. There is nothing more opposite to democratic and peaceful resolutions of disputes between people than people picking up guns and firing at one another as a means of trying to settle disputes.

As one member of this House, I am very pleased to see the Liberal government accede to the Arms Trade Treaty. In fact, I had the opportunity to be in New York at the United Nations for one of the sessions where this issue was being debated. Illicit and irresponsible transfers of conventional weapons are a significant factor in human suffering worldwide, fuelling armed violence in all of its forms, including domestic violence, international armed conflicts, and civil disputes.

With the entry into force of the Arms Trade Treaty in December 2014, the majority of the world states agreed to establish global standards for responsible national decision-making on the transfer of conventional weapons. For the life of me, I cannot understand how any responsible legislator, not only in this country but in the world, could oppose the establishment of such a regime.

At the time, Stephen Harper's Conservative government refused to join the Arms Trade Treaty. Canada was the only member of NATO and the G7 not to have signed the ATT. I was embarrassed by that failure, and I think I speak for the vast majority of Canadians who were embarrassed by that move as well. The majority of Canadians want our country to be a responsible member of the international stage, doing our part to try to reduce violence in the world, to try to be an honest broker and help make and keep peace wherever there is conflict in the world.

In June of 2016, the current government announced that Canada would join the Arms Trade Treaty, and former foreign affairs minister Stéphane Dion tabled the text of the treaty and an explanatory memorandum in the House of Commons. The goal of acceding to the Arms Trade Treaty was included in the mandate letter given to the Minister of Foreign Affairs, and I support that measure.

Bill C-47, the bill before this House today, represents the legislative implementation of that commitment, and it includes legislative amendments to fulfill some of the treaty's provisions and bring Canada's laws and policies mostly into compliance with the ATT. Members will have noticed that I emphasized the word “some”. I will be focusing on some of the weaknesses and omissions in this bill, and I hope parliamentarians on all side of the House can roll up their sleeves and in good faith work to repair and improve them.

At present, we support the general thrust of this legislation, but we have serious concerns about its contents, particularly over what is missing.

Generally, polls show that most Canadians disapprove of arms deals with human rights abusers. I think many Canadians would be shocked to learn that Canadian weapons exports have nearly doubled over the last 10 years under the Conservative government's stewardship. While Canada used to export arms mostly to NATO countries, under the Conservative government our arms exports shifted to include many countries with troubling—in fact, abysmal—human rights records. Canada is now the second-largest arms dealer in the Middle East after the United States, according to defence industry publication Jane's. Saudi Arabia is now the world's second-largest buyer of Canadian-made military equipment after the United States.

I want to pause for a moment and talk about Saudi Arabia.

This is a place that practises beheadings. This is a place where women cannot vote. This is a place where, up until recently, women could not even drive a vehicle, although I understand that Saudi Arabia has recently announced that it may start allowing women to drive vehicles. This is a country that has no record of democracy or respect for human rights whatsoever, and most troubling of all, Saudi Arabia is not restricting this heinous and abysmal human rights record to its own borders but has been involved in invading a neighbouring country, Yemen, where it is using Canadian-made military equipment against civilians in another country.

I would dare say that most Canadians do not support that. Most Canadians would like to see the present government take every possible step to cease exporting any military equipment to a country with that kind of human rights record, a country that is using aggressive weapons against innocent civilians.

Canada's existing arms export rules are supposed to prohibit sales of military hardware to countries whose governments have a persistent record of serious violations of the human rights of their citizens unless it can be demonstrated that there is no reasonable risk that the goods might be used against the civilian population. However, the example I just pointed out, and there are others, makes it clear that Canada's arms export controls are not working. While the Liberal government argues, as the Conservatives did before it, that Canada has strong arms export regulations, in recent months Canadians have grown increasingly concerned about those Canadian arms exports falling into the wrong hands. Worse, it was revealed last August that the Government of Canada has actually weakened its arms export policy to make it easier to export military hardware to states that abuse human rights.

The magazine L'actualité recently published an analysis that found that in the past 25 years Canada sold $5.8 billion in weapons to countries with deeply questionable human rights records. Canadian foreign ministers are often reluctant to refuse export permits after contracts are signed, but that is exactly what Canadian law calls for. Companies enter into commercial agreements, and then it is up to the government to issue export control permits and to cease from doing so if Canada has reason to believe that those arms are going to fall into the hands of human rights abusers or be used against civilian populations. That policy has not been implemented well by either the current government or the one before it.

I am going to quickly point out some of the flaws in the bill.

It has been pointed out by many speakers that ironically, most of Canada's arms are integrated with the U.S. military system, yet the bill does not apply to Canadian arms shipments to the United States. There is no principled reason that the United States should receive an exemption from the very laws that we seek to apply to every other country.

The bill also fails to ensure that parliamentarians can scrutinize the regulatory regime that will create the substance of the bill. We are debating the legislative structure before us, but we as parliamentarians will not be able to see or influence how the regulations will be drafted. Those will be done behind closed doors.

I will conclude by saying I think that most Canadians want to see Canada as a peaceful player on the world stage. They want to restore our reputation, which was severely damaged by the previous government over the last decade, and they want Canada to be a respected international player, doing our part to build bridges between countries to help them resolve their disputes peacefully and building capacity for democracy and respect for the rule of law. The way to do that is by taking every measure we can to reduce the flow of arms to people who would use them for poor purposes.

Export and Import Permits ActGovernment Orders

September 28th, 2017 / 12:10 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I want to thank my friend from Yorkton—Melville for clarifying that when putting forward comments about the legislation, she is reporting on what her constituents have said.

I believe that as a member of Parliament it is my obligation to help explain to constituents and reduce the fear factor when people have been misinformed by others about the intent of legislation or changes that are coming their way.

I have carefully reviewed the Arms Trade Treaty and I have carefully reviewed Bill C-47, and for Canadians watching at home and for the hon. member for Yorkton—Melville, the key thing is when reading language, they should look at words like “under this act” or “under this treaty”. That creates a bracketing of this fear around the keeping of lists or records.

The treaty specifically says it is entirely about international transfer and export of military equipment for military ends. It specifically says it is not to apply to recreational users domestically. It specifically says in article 3 that it is about international export and not about when a state party imports weapons into its own country, not for export.

The act itself repeatedly says that a list will be kept for purposes under this act. Nothing here could possibly apply to legal gun ownership in Canada, and I urge my friend from Yorkton—Melville to help provide balance and real information on this topic and not encourage in any way legal gun owners in Canada to think this has any application to them.

Export and Import Permits ActGovernment Orders

September 28th, 2017 / 12:05 p.m.
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Winnipeg North Manitoba

Liberal

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

Mr. Speaker, Canadians should be concerned that no matter how often it is clearly indicated there is no impact in terms of gun owners, Conservatives stand up and try to spread misinformation, which is what it is. Misinformation is being spread collectively by the Conservative Party for who knows what reason, and I will let other people deal with that.

Does the member not agree and recognize that this proposed legislation would in fact make our world a safer place?

The member makes reference to the current export control system, but she seems to be questioning it. I am sure the member is aware that Bill C-47, the actual bill we are debating today, would strengthen the existing system by ensuring criteria are in regulation, and by introducing controls on brokering.

Could the member speak to how Bill C-47 would strengthen, not replace or weaken, export controls, and let us stop the misinformation about local gun ownership?

Export and Import Permits ActGovernment Orders

September 28th, 2017 / noon
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Conservative

Cathay Wagantall Conservative Yorkton—Melville, SK

Mr. Speaker, I am pleased to speak to Bill C-47. This bill is part of the Liberals' election promise to implement the United Nations Arms Trade Treaty, the ATT, which has been debated in the UN, brought forward, and signed by some countries.

It is significant to note that some major countries, Russia, China, Iran, and North Korea, have not signed-on. The United States has not ratified and will not likely ratify this treaty. Like many ineffective international treaties, many key participants in the trade are not part of this treaty.

The Conservatives have always supported efforts to establish international standards that help to prevent illicit transfers that fuel conflict and encourage terrorism or organized crime. In actuality, Canada already has a responsible internal system to monitor, and control the export of military and security equipment that meets or exceeds the UN treaty. In other words, the ATT is actually inferior when compared with what Canada already has in place, and has been implementing effectively since the 1940s.

First, we have the Trade Controls Bureau, a department of our own sovereign government that is empowered to make sure the military equipment sales, issues related to security, cryptological equipment, and nuclear and biological risks are not only governed and tracked but controlled.

The Trade Controls Bureau, here in Ottawa not in New York, has been empowered and serving Canadian parliaments, regardless of which political party is in power, for decades. We already specifically name, from a Canadian point of view, items for export that need to be tracked and controlled under the Export and Import Permits Act, which the Trade Controls Bureau is charged to monitor.

Specifically, military or strategic dual-use goods; that is, some goods that can be used for a military or civilian purpose are specifically tracked. Also tracked are nuclear-energy materials and technology, missile-related technology, chemical and biological goods, cryptological equipment, and code breaking, the latter being so important to national security with the onset of the Internet.

Canada is a world leader in this technology, and our government was sensitive and responsible in controlling and, in many cases, restricting export of these technologies. An area of great concern to Canadians is that the current government has a willingness to see this type of asset sold to China without proper oversight. I have no confidence that Bill C-47 would in any way change the government's turning of a blind eye to the concerns from Canadians in this area.

It is also important to note that our existing system is superior to the UN treaty in the tracking of these goods, equipment and materials, and technologies by the Canada Border Services Agency and by Statistics Canada, using World Customs Organization tracking figures, and not just our own reference points.

We already track and limit the trade in these items far more than what the UN Arms Trade Treaty does. Why would we choose to sign-on to an agreement that is inferior to what we already have in place. Canada is already ahead of the curve and, doing so, leading as a sovereign nation on the world stage. Under the Export and Import Permits Act, through an order in council, Canada can limit sales of anything to another country. Canada can ban a country. As an example, North Korea is currently banned entirely through this area control list. The government already has within its power, without the UN treaty, the ability to limit entirely any sales to another country.

The current government is recording a huge deficit, well beyond its election promise of $10 billion. Yesterday, we learned it has already imposed higher taxes to the tune of $800-plus per year on middle-income earners. It has mandated a carbon tax with a compounded GST component already in some provinces that is adding to those people's taxes, hurting everyone and everything.

It is on a collision course to initiate higher, punitive taxes on small businesses, including agriculture, retail, tourism, manufacturing, small businesses, and young entrepreneurs just starting out as well. That is all to deal with the government's already out-of-control spending.

Canadians are tired, angry, and disillusioned with the current Liberal government's inability to manage its own house. Perhaps it is time to start taking care of things at home, and not try to fix something that not only is not broken but actually meets and exceeds the UN Arms Trade Treaty standards.

Another concern is that article 5 of the ATT seeks to include the Department of National Defence in the military equipment provisions of that treaty, preventing or, in some cases, limiting government-to-government transfers.

DND is government. It is a crown ministry. DND is responsible for its own equipment. Military-to-military aid and training materials are an important component of the mandate of our Armed Forces regarding training and assisting others. This would complicate and encumber that process. It is another bureaucratic challenge they do not need added on to complicate fulfilling their missions.

I want to echo one more concern of a significant cohort of Canadians the current government is ignoring. The UN Arms Trade Treaty must recognize and acknowledge the legitimacy of lawful ownership of firearms by responsible citizens for their personal and recreational use, including sport shooting, hunting, and collecting.

The Canadian Shooting Sports Association made the following statement to the Liberal government in September 2016:

Canada, under former Prime Minister Stephen Harper, requested that civilian firearms specifically be removed from the treaty in order to protect the interests of Canada’s lawful firearms community. The UN ignored our nation’s request to respect the interests of Canadians and refused to remove civilian firearms from the language of the treaty. So the Harper government did what was right: it stood up for Canadian sovereignty and Canadian gun owners and refused to sign the treaty...The CSSA calls upon the Hon. Stéphane Dion [then Minister of Foreign Foreign Affairs] and the Trudeau government to re-examine, re-evaluate and to re-think the decision to sign this oppressive treaty.

The government has a responsibility to ensure there is absolute clarity on the legitimacy of lawful trade and ownership of firearms by responsible citizens for their own use within the Arms Trade Treaty before moving forward to ratify it. The government would be wise to heed this challenge.

Liberal members of Parliament who are currently representing law-abiding gun owners must respectfully and genuinely consult with their constituents, and do their best to be heard by their cabinet and their Prime Minister. They must know they have significant numbers of Canadians in their ridings who have expressed legitimate concerns that their lawful and regulated use of firearms for hunting or sport shooting could be impacted. They must be having some degree of apprehensive déjà vu here.

They would be wise to determine which is more important: aspirations for a UN seat, or standing up for the legitimate concerns of Canadians.

Export and Import Permits ActGovernment Orders

September 28th, 2017 / 11:50 a.m.
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Bloc

Luc Thériault Bloc Montcalm, QC

Mr. Speaker, today I am going to talk about Bill C-47, which should, in theory, have the unanimous support of the House.

Everyone in the House will support Canada ratifying the 2013 Arms Trade Treaty, which would be very useful.

Take article 6.3, for example:

A State Party shall not authorize any transfer of conventional arms...if it has knowledge at the time of authorization that the arms or items would be used in the commission of genocide, crimes against humanity, grave breaches of the Geneva Conventions of 1949, attacks directed against civilian objects or civilians protected as such, or other war crimes as defined by international agreements to which it is a Party.

Under this treaty, no country is supposed to sell arms to countries that direct attacks against civilians. I am sure some people are wondering what an arm is, exactly.

The treaty that Canada is planning to ratify clarifies that in article 2.1:

This Treaty shall apply to all conventional arms within the following categories:

(a) Battle tanks;

(b) Armoured combat vehicles;

(c) Large-calibre artillery systems;

Cynicism is a perfectly natural response here. What is the point of ratifying a treaty if a country does not respect either the letter or the spirit of that treaty?

Canada sells weapons to Saudi Arabia, and yet the government has known for years that the Wahhabi Kingdom does not respect human rights. It has known for years that Saudi civilians are constantly under attacks by the army, but money talks.

We forget about human rights when billions of dollars are at stake in Canada's great liberal democracy. Two years ago, the then Minister of Foreign Affairs Stéphane Dion believed that maintaining a strong trade relationship was the best way to influence a country that violates the rights of its citizens.

At least two years ago, when Minister Dion saw Saudi Arabia attacking its civilians, he acknowledged that selling light armoured vehicles to Riyadh was a calculated risk. However, he insisted that the armed vehicles appearing on screen at the time were not Canadian. He stated that there was no proof that any military equipment that Canada had been selling to Saudi Arabia since 1993 had been misused.

Yes, the Saudis are firing on their own people. Yes, we are selling them weapons, but for the Liberals, there is no connection between the two. However, the Arms Trade Treaty, that the Liberals want to ratify, clearly states that a country that is part of the treaty shall not sell any arms to another country if they know, at the time of authorization, that these arms or items would be used to carry out attacks on civilians. It doesn't say “are being used“, but “would be used”.

Two years ago, Canada was the second-largest exporter of arms to the Middle East, right behind the United States. Is that really the Liberals' vision for Canada? Everyone gets along, everything is fine and dandy, but we still sell weapons to a country that decapitates, whips and stones its own people.

On page 18 of the latest annual report to Parliament on the administration of the Export and Import Permits Act, we can read:

With respect to military goods and technology, Canadian export control policy has, for many years, been restrictive. Under present policy guidelines set out by Cabinet in 1986, Canada closely controls the export of military items to: countries which pose a threat to Canada and its allies; countries involved in or under imminent threat of hostilities; countries under United Nations Security Council sanctions; or countries whose governments have a persistent record of serious violations of the human rights of their citizens, unless it can be demonstrated that there is no reasonable risk that the goods might be used against the civilian population.

We know that Saudi Arabia uses Canadian arms against the civilian population. The July 22 Globe and Mail article proved it. We saw the videos of the Canadian Gurkhas, the Minister of Foreign Affairs saw them, and the Prime Minister saw them. Has Canada put a stop to the sale of armoured vehicles to Saudi Arabia as required by the guidelines? No.

The government is not obeying its own laws and now wants to ratify a treaty that it is already contravening. Bill C-47 may enjoy unanimous support, but the Liberal Party and every other party that voted in favour of the deal between the arms manufacturer and Saudi Arabia in 2015 was being hypocritical.

We know that Canada is partly responsible every time a civilian is killed by the Saudi government. When civilians are threatened, terrorized or brutalized, Canada will find solace in the money pouring into its coffers. In July, the minister stated that she was very concerned about the use of Canadian-made arms by the Saudi army against civilians and asked her officials to look into it immediately. This is my interpretation of what she said: if it were proven that Canadian exports were used to commit serious human rights violations, I would take action. Two months later nothing has been done.

We support the principles of this bill, but we think its application is even more important. There is no point in passing legislation and then not enforcing it. There is no point in ratifying a treaty and then not complying with it. In 1976, Canada signed the International Covenant on Economic, Social and Cultural Rights, which authorizes each signatory country to be a watchdog over the other signatory countries. Article 1 of the covenant states:

All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.

This is precisely what Madrid is denying the Catalan people. The Spanish government is denying the Catalan people not only their right to self-determination, but also their democratic right to vote on it.

Article 41 of the same covenant adds that if a state party to the covenant believes that another state party is not applying its provisions, it can draw that state party's attention to the matter in writing. The Minister of Foreign Affairs believes that the referendum in Catalonia falls under Spanish domestic affairs and that Canada should stay out of it, but what exactly is a domestic affair?

Canada ratified a covenant that invites signatory countries to keep an eye on one another to ensure that civil and political rights are respected. Now Ottawa is turning a blind eye, as though its signature meant nothing, as though the covenant were optional. My fear is that this Liberal government, despite having signed the Arms Trade Treaty, proves once again that its international commitments and its word are not worth much. The Liberals always put economic considerations ahead of human rights. That is the way it is.

Export and Import Permits ActGovernment Orders

September 28th, 2017 / 11:35 a.m.
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NDP

Murray Rankin NDP Victoria, BC

Mr. Speaker, I rise today to offer what I would perhaps call tepid support for Bill C-47, an act to amend the Export and Import Permits Act and to permit the accession to the Arms Trade Treaty.

Unfortunately, while this is a very serious matter, the bill seems to be more of an empty shell than an effective piece of legislation at this stage. Yet again, the Liberals have been extolling the virtue of transparency while completely ignoring the principle in practice.

Members will recall from earlier this week another bill allegedly relating to transparency, the amendments to Bill C-58 that would reform the Access to Information Act. Members stood and pointed out the difference between the rhetoric of transparency and the reality. Today, I note with sadness that our Information Commissioner has done a thorough analysis of the bill, and the title says it all: “Failing to Strike the Right Balance”. That could be the title of this bill as well.

Quite recently, the Parliamentary Secretary to the Minister of Foreign Affairs claimed:

The goal is to ensure that all states take responsibility and rigorously assess arms exports. States must also regulate the legal arms trade and use transparent measures to combat illicit trade.

The bill is filled with non-information, significant room for intentionally omitted information, and promises to outline regulations at some later date, following royal assent. That is why we call it an empty shell. Most of the key issues to be addressed will not be addressed in this Parliament and will not be open to parliamentary scrutiny during this debate on second reading. Rather, they will be put in somehow later when regulations are made by faceless bureaucrats behind the scenes. That is why we say the bill fails on the issue of transparency. For example, the key criteria of assessment of arms permits are nowhere to be found in Bill C-47. How can we know if export controls will be strengthened in order to protect future exports to states that abuse human rights? Who knows?

I said at the outset that I am prepared to offer unenthusiastic support so we can get this to committee and make it better. We are asked to consider an appropriate course for the regulation of arms exports in Canada and our country's long overdue accession to the Arms Trade Treaty. Shamefully, the Harper Conservatives refused to join the Arms Trade Treaty, which was open for accession as of December 2014. Canada emerged as the only NATO member and the only G7 member not to have signed the Arms Trade Treaty. I congratulate the government for finally taking these halting steps to join the rest of the civilized world.

We are also forced to examine in this debate who we want to be on the world stage and what kind of values we are really honouring, not just on paper but in our policies and practices. We have a prime minister who loves to talk the talk. During the course of the debates and amendments at committee, we will see whether he and the government are prepared to walk the walk.

It is unthinkable and frankly surprising to many of us that Canadian weapons exports have nearly doubled over the last 10 years. After 10 years of the Conservative government, Canada has shifted away from exporting arms predominantly to NATO countries, to exporting arms to countries with notoriously troubling human rights records. For example, according to the defence industry publication Jane's, Canada is now the second largest arms dealer in the Middle East. Arms sales to China, a country with a notoriously poor human rights record, soared to $48 million in 2015. As well, a recent article published in the magazine L'actualité found that in the past 25 years Canada has sold $5.8 billion in weapons to countries with deeply questionable human rights records. This is not a small problem. Human rights violations cannot be tolerated, let alone facilitated.

With all this in mind, I want to commend the current government for finally agreeing to accede to this international treaty. In endorsing this bill, I want to also salute my colleague, the member for Laurier—Sainte-Marie, who has done some wonderful work on this issue over the years.

As noted, the bill fails to strengthen export controls, and as written, we would have no idea whether future arms deals with countries that abuse human rights would be prohibited. We have a right to know who Canada is doing business with and under what conditions. When it comes to human rights, it is not enough for us to say one thing and implement policies that allow another.

The hon. Minister of Foreign Affairs, speaking to the accession of the Arms Trade Treaty, said, “this legislation will set our standards in law.... I am very pleased that we will in turn raise the bar with a stronger and more rigorous system for our country.”

Forgive me if I am not prepared to take the government's word for it. I agree that we need to set out standards in law, but the bill is proof that the Liberals are still demonstrating a lack of transparency about arms exports and a reluctance to address the disparity between talk and action.

As others have mentioned, there are ongoing allegations of Canadian weapons being used to commit human rights violations in countries like Saudi Arabia, Yemen, and Sudan. It was reported in The Globe and Mail earlier this year that the Saudi military appears to be using Canadian-made combat vehicles against Saudi citizens. What are we doing about that? We are not doing very much. Reports indicate that Canadian-made weaponry has been used in the Saudi Arabia-led war in Yemen, one of the world's worst humanitarian situations, which continues to deteriorate, and 6,000 people to date have been killed.

In 2015, the Prime Minister told the media that Canada must “stop arms sales to regimes that flout democracy, such as Saudi Arabia.” That is great rhetoric. Where is the action?

The NDP has called for the Liberals to suspend existing export permits for the light armoured vehicle deal with Saudi Arabia, pending an investigation into its domestic human rights situation, to no avail.

In the bill, the majority of Canada's military exports would remain unregulated. It would set up a legal obligation to report on military exports, which is a good step, but here is the punchline. This obligation would only apply to exports where an export permit was required, so most U.S.-bound exports would be exempt from the bill. Neither the act nor its amendment under Bill C-47 would address the Canada-U.S. Defence Production Sharing Agreement, which exempts Canadian military exports to the United States from the government authorization required for other arms exports. Therefore, we will be asking in committee that exports of military goods to the United States be licensed in some fashion.

It has been said that the United States is our closest friend and ally, but with a regime change occurring south of the border, it seems to me that this reflects an outdated way of thinking. It should be subject to the same rules as other countries. Indeed, the reason for that is that sometimes Canadian arms are sold to the United States and are used to commit human rights atrocities, an example of which was published, with respect to Nigeria, on September 13 of this year. We think that is important.

We believe there have been some positive moves on the issue of diversion, and we salute the government for that, but we believe that Canada must formalize diversion as a criterion in our export control systems.

It is a good start that Bill C-47 requires annual reports to Parliament, but the job is only half done as long as it does not include exports to the United States. How can Parliament hold the government to account if the bulk of our exports are excluded from the export permit system and from the resulting annual reporting?

We would suggest, as we have said for many years, that there be a new standing committee to oversee arms exports. The Liberals voted that down. We asked them to consider the U.K. experience and see if we could get on board for that so we could actually provide parliamentary oversight, notwithstanding the deficiencies in the bill.

For far too long Canadians have had too little information about our arms exports to countries with troubling human rights records. Any measures taken that fall short of ensuring the highest standards of accountability are doing a disservice to Canadians and to the vulnerable people who are affected by our policies.

Human rights are not optional. It is not enough for our Prime Minister to go on the international stage and talk the talk. It is now time to walk the talk and give parliamentarians and Canadians the tools they need to ensure that we are doing our part on arms trade exports around the world.

Export and Import Permits ActGovernment Orders

September 28th, 2017 / 11:15 a.m.
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Conservative

James Bezan Conservative Selkirk—Interlake—Eastman, MB

Mr. Speaker, it is indeed a pleasure to rise to speak to Bill C-47 and to express my displeasure at this legislation by the government. First, as the shadow minister for defence, I want to assure Canadians that the current system we have in place to manage the export of military equipment from Canada is robust and safe.

The programs here have so many layers of government oversight and the involvement of government agencies that we can be assured that military equipment is not going into the wrong hands, that it is not a part of the illegal trade in firearms, and that it is being used in a way that is consistent with Canadian values.

What we really have to look at here is that Bill C-47, and the ATT it would allow Canada to accede to, is all about bringing in place a backdoor gun registry into Canada. It would disadvantage Canadian manufacturers of firearms and military defence equipment, and we are incredibly concerned that this is just another attack on legitimate long-gun owners across Canada.

To go back to the assurances we have about the system in place today, I remind members that under Global Affairs Canada, we have the automatic firearms country control list and that only countries approved by the Government of Canada and that are on that list are allowed to buy military defensive weapons, including firearms and automatic weapons, from Canada. However, that does not guarantee that Canadian companies will be able to export firearms and military equipment to those nations. Once a country is on the list and approved by Global Affairs Canada, then we go through a process. When the business deal is signed and a purchase decision is made and a Canadian company wants to export the arms, it has to apply for an export permit under the Import and Export Permits Act through Global Affairs Canada. Global Affairs Canada again has the ability to say yes or no to the sale of that equipment. Conditions may change in the country that it is being sold to, or the military of that country may be under observation or have been removed from the list, as can happen.

Countries can be banned, as has happened in the past. We have taken Myanmar off the list. North Korea is definitely not on the list; it has been banned. Right now, for example, we on the Conservative side would like to see Ukraine placed on the list. The government is looking at that, but Ukraine is not yet on the country control list.

In Manitoba we have a number of companies that build various types of equipment that have to fall under the government oversight list that is in place. In Winnipeg we have PGW Defence Technologies on the list. It builds firearms, automatic weapons, and sniper rifles and exports them around the world. Before it can send them, it has to get an export permit.

Magellan Aerospace in Winnipeg builds all sorts of different components for the aerospace industry, but it is also building pieces of the F-35. We have to remember that even though the United States is somewhat exempt from Bill C-47, Magellan is part of a global supply chain for the entire F-35 program, which includes countries from other consortium members around the world. This Arms Trade Treaty could actually disrupt the flow of these parts that are so timely to the manufacture of the F-35 stealth fighter jet.

In my riding, there is also a company called MicroPilot, which builds autopilots for automated aerial vehicles and also builds micro aerial vehicles. Even though it builds them for nonmilitary use and its customers are not military clients, it still has go through the same process to ensure that its clients will not put the autopilots into drones for military purposes.

Therefore, the oversight by Global Affairs Canada of export permits, and the oversight by the Government of Canada of who will actually be allowed on the automatic firearms country control list is robust and strong, and guarantees that Canada is dealing with legitimate partners and allies.

All that the ATT will do is to disadvantage Canadian companies versus other nations that are not part of it, including the United States. The United States supports the treaty in principle but has not ratified it, and because it has not ratified the treaty it plays by a different set of rules in its export regime than Canada does. We have a healthy defence manufacturing industry, aerospace industry, and manufacturing sector right across this country and those companies will be at a disadvantage because of this so-called treaty.

As I said in an earlier question to the Liberals, they have a utopian view. They think that by signing this treaty we will magically change the way the world operates in the illegitimate firearms trade and the illegitimate, criminal use of weapons. Treaties are only paper thin and as long as major manufacturing is done by countries that are not a part of this and that have no problem selling to regimes and untrusted partners around the world, like Russia, Iran, North Korea, and China, there will never be a way to control their trade in weapons to terrorist organizations. There will never be a way to control their trade in weapons to regimes that are not trusted right now, like North Korea, that wants to bomb the United States with its new intercontinental ballistic missiles.

We have to take care of our own defensive needs. There is one thing that this treaty does that a lot of people do not realize. Under Bill C-47, the Department of National Defence and the Canadian Armed Forces are currently exempt from these types of programs. If the Government of Canada wants to donate military equipment to a partner or an ally it can, but under Bill C-47 it will now be tied up by article 5 of the UN ATT.

We already have all sorts of oversight. In addition to Global Affairs Canada, the Canada Border Services Agency and Statistics Canada already keep track of all movement of firearms and military equipment through the World Customs Organization. Canada has the ability to impose blanket bans on the export of our weapons to countries or regions where we believe firearms or weapons will be used in defensive means or against civilian populations. That is why in the past we put Belarus and Myanmar on the list.

This is a back door long-gun registry. I have spent 17 years of my life as a politician fighting against a long-gun registry. We have legitimate trade in hunting and sports shooting firearms. Manufacturers are concerned that they have not been consulted. Firearms owners across this country, who already have to be licensed under the possession and acquisition licensing program, have not been consulted. They are legitimate, lawful, law-abiding firearms owners and yet the Liberals are plowing ahead anyway to bring in this back door registry.

Manufacturers are saying that what is required under the UN treaty is a different marking than what they already have. This would be an added cost. If a U.S. manufacturer of a firearm wants to send a shotgun to Canada, it would have to laser imprint a new serial number. This would be an extra cost. Who is going to pay for that? It will be Canadian firearms owners, our Canadian customers. What happens if the United States or that company decides they are not going to export to Canada anymore? We will have less choice in what firearms we can purchase.

Article 5 in the treaty states, “Each State Party shall establish and maintain a national control system, including a national control list, in order to implement the provisions of this Treaty.” That sounds like a gun registry to me. It goes on to say, “Each State Party, pursuant to its national laws, shall provide its national control route list to the Secretariat, which shall make it available to other State Parties.” Now we will have to submit it to the UN. We are going to have to share with every country that signed the treaty exactly how many firearms we have in our country, as registered now through the Liberals' new long-gun registry. State parties are encouraged to make their control list publicly available as well. We just created a shopping list for all of the criminals out there.

I like what the Canadian Shooting Sports Association said:

Canada, under former Prime Minister Stephen Harper, requested that civilian firearms specifically be removed from the treaty in order to protect the interests of Canada’s lawful firearms community. The UN ignored our nation’s request to respect the interests of Canadians and refused to remove civilian firearms from the language of the treaty. So the Harper government did what was right: it stood up for Canadian sovereignty and Canadian gun owners and refused to sign the treaty.

The Liberals have not implemented that. They talk about the preamble that says that civilian firearms ownership will be respected. As legislators, we all know preambles are not law; it is the regulations underneath them that are enforceable.

Export and Import Permits ActGovernment Orders

September 28th, 2017 / 10:50 a.m.
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Liberal

Ali Ehsassi Liberal Willowdale, ON

Mr. Speaker, we live in a world where global actors seek global solutions for global crises and where the international community and international law play an indispensable role in creating a safer, more secure, and more stable international order. It is in that spirit that I rise today to discuss Bill C-47, an act to amend the Export and Import Permits Act and the Criminal Code.

The implementation of the obligations contained in the bill before us today represents a firm Liberal campaign commitment and is of great concern to a great many Canadians. Bill C-47 marks a common sense and long-overdue commitment on the part of the Canadian government to fully accede to the Arms Trade Treaty and strengthen Canada's arms export regime.

Our accession, in other words, would, first, create a legal obligation for the Minister of Foreign Affairs to consider certain assessment criteria before issuing an export permit or a brokering permit; second, define brokering activities and establish a framework to control brokering that takes place in Canada or is undertaken by Canadians outside Canada; third, set May 31 as the date by which the Minister of Foreign Affairs and the Minister of International Trade must table in both Houses of Parliament a report of the operations under the EIPA and a report on military exports in the preceding year; fourth, increase the maximum fine for a summary conviction offence from $25,000 to $250,000 in order to support enhancement and encourage compliance; fifth, replace the requirement that only countries with which Canada has an intergovernmental arrangement may be added to the automatic firearms country control list with a new requirement that a country may be added to the AFCCL on the recommendation of the Minister of Foreign Affairs after consultation with the Minister of National Defence; and sixth, add a new purpose for which an article may be added to an export control list: to facilitate the collection of information on goods that have been, are, or are likely to be subject to trade investigations.

The need for a strengthened international arms regime is abundantly clear. Most estimates suggest that there are over 875 million small and light arms in circulation worldwide. This number is roughly equal to the number of cars or tablets on the planet. To appreciate the magnitude of this figure of 875 million, let us consider that this number is twice the number of people who lived under the British Empire in its heyday. To look at it differently, this number represents 252,306 guns for every Tim Hortons in Canada. In the absence of common sense regimes and international co-operation to prevent the spread and proliferation of small and light arms, this number represents an astounding threat to global stability. Armed violence kills approximately 508,000 people every year on a global scale. It is important to emphasize that most of these people are not living in conflict zones.

The Arms Trade Treaty ensures that countries effectively regulate the international trade of arms so that they are not used to support terrorism, international organized crime, gender-based violence, human rights abuses, or violations of international humanitarian law. Several measures within the ATT help address these pressing concerns. Perhaps most significantly, article 6 prohibits states from authorizing the transfer of arms if they possess knowledge that the arms would be used “...in the commission of genocide, crimes against humanity, grave breaches of the Geneva Conventions of 1949, attacks directed against civilian objects or civilians protected as such, or other war crimes....”

In addition, article 7 requires states to examine whether their arms exports regimes “would contribute to or undermine peace and security”.

Quite simply, our government believes that regulating the international arms trade is essential for the protection of people and human rights. It is precisely the type of issue on which Canada was once regarded as a global leader. It is on these types of issues that our government once again seeks to return Canada to a principled and forceful foreign policy based on respect for human rights and international law.

Let us remember that formal negotiation of the ATT began in 2006, arising from a growing concern within the international community regarding the proliferation of small and light arms across the globe. The growing security threat posed by these weapons and the lack of international co-operation on this issue were of grave concern. Unfortunately, as this process unfolded, Canada largely remained on the sidelines. As of this spring, 91 states had both signed and ratified the treaty. It is important to highlight that Canada remains the only NATO ally and G7 nation that has not signed or ratified the Arms Trade Treaty.

The bill before us today will rectify this. Bill C-47 would bring Canada into full compliance with the ATT and set global standards into Canadian law.

Acceding to the treaty is not just about Canada's arms trade regime; it is also about Canada setting a principled standard and embracing the need for coordinated global action.

The regulations before us were developed in a transparent, deliberate, and comprehensive fashion. More importantly, our government is matching words with actions. Budget 2017 allocated $13 million over five years to allow Canada to implement the Arms Trade Treaty and to further strengthen Canada's export control regime. Moreover, we are also contributing $1 million to the UN Trust Facility Supporting Cooperation on Arms Regulation to ensure that we assist other countries in acceding to this treaty.

We are doing this because our government understands that as global security threats become increasingly diverse, dispersed, interconnected, and interdependent, Canada cannot afford to sit idle or to go it alone. We should never neglect our international responsibilities for reasons of domestic pandering or narrow-minded ideology. Canada has a moral obligation to accede to the ATT, and I am proud that our government has taken these concrete steps.

Export and Import Permits ActGovernment Orders

September 28th, 2017 / 10:45 a.m.
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Liberal

Colin Fraser Liberal West Nova, NS

Mr. Speaker, Bill C-47 would introduce controls on brokering the transfer of arms from one foreign country to another. I know the member has talked about other concerns, but I wonder if he would recognize the importance of this measure to combat the illicit trade in conventional arms and the human rights violations associated with it. Does he agree with that?