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.

Business of the House

[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 begin debate on Bill C-75, the justice modernization act. This evening the House will consider, in committee of the whole, the votes in the main estimates for the Department of Citizenship and Immigration.

Tomorrow morning, we will debate the motion to extend the sitting hours. After question period, we will begin debate at report stage and third reading of Bill C-47 on the Arms Trade Treaty. We will resume that debate on Monday.

On Tuesday, we will resume debate at second reading of Bill C-75, the justice modernization act. On Wednesday, we will begin debate at report stage and third reading of Bill C-64, the abandoned vessels act.

Finally, should Bill C-74, the budget bill, or Bill C-69, the environmental assessment act, be reported back to the House, they shall take priority in the calendar.

Foreign Affairs

[François-Philippe Champagne, Liberal, Minister of International Trade]

Mr. Speaker, our government is committed to ensuring Canada's export control system is robust and transparent. We are proud to have put forward Bill C-47, which would allow Canada to accede to the Arms Trade Treaty.

I would like to thank all my colleagues in the House for the constructive work that has been done in committee. We have made significant steps toward creating a new and higher standard for arms exports. This is in line with what Canadians expect. This is what we are doing.

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

Mr. Speaker, our government is proud to see Canada once again taking a leadership role by acceding to the Arms Trade Treaty, which is a key step toward preventing conflict caused by the illicit arms trade. Our two countries, Canada and the United States, have historic ties, and it is essential that such matters be addressed through NATO or NORAD. Bill C-47 will give us higher, more rigorous standards regarding the way Canada regulates its arms sales to foreign countries.

Foreign Affairs and International Development

[Bob Nault, Liberal, Kenora, ON]

Mr. Speaker, I have two reports from our standing committee.

I have the honour to present, in both official languages, the 16th report of the Standing Committee on Foreign Affairs and International Development, in relation to Bill C-47, an act to amend the Export and Import Permits Act and the Criminal Code, with amendments permitting the accession to the Arms Trade Treaty and other amendments. The committee has studied the bill and has decided to report the bill back to the House with amendments.

I have the honour to present, in both official languages, the 17th report of the Standing Committee on Foreign Affairs and International Development, entitled “Focused, Independent, and Patient: Building a World-Class Canadian Development Finance Institution”. Pursuant to Standing Order 109, the committee requests that the government table a comprehensive response to this report.

[The Chair, Liberal, Bob Nault]

Colleagues, that concludes our business on Bill C-47. I want to thank you very much for a very decent discussion about a very important matter to Canada and the Arms Trade Treaty.

Colleagues, before you leave, we're going to go in camera for five minutes just because we have no choice. We have 10 minutes before we have to wrap up, but I think I can do it in two minutes.

I would just ask all of those who don't belong when we're in camera to have a nice day, and thank you very much for your participation.

To the officials, Ms. Gilmour and your colleagues, thank you very much. It was an honour to work with you.

We will move in camera. We will take a couple of minutes to clear the room and then we'll get right to it.

[Proceedings continue in camera]

[The Chair, Liberal, Bob Nault]

Having had a robust discussion, we'll now move to put the question on amendment NDP-4 to Bill C-47, clause 12, by Madame Laverdière.

Would you like a recorded vote, Madame Laverdière? A recorded vote it shall be.

(Amendment negatived: nays 8; yeas 1)

We will now go to amendment NDP-5, which is the next amendment put forward by Madame Laverdière. It reads:

That Bill C-47, in Clause 12, be amended by adding after line 32 on page 6 the following.

It's quite extensive, so I'll turn it over to Madame Laverdière.

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

That confirms my argument. The intent of Bill C-47 is to add an exemption for organizations, but we do not want that exemption added to the current act.

With us here today are some former colleagues, as well as people from Global Affairs Canada. It is always a pleasure to see them. I would ask them therefore to confirm that the exemption would also apply to organizations such as the Canadian Commercial Corporation.

[Wendy Gilmour]

Thank you to the members for the opportunity.

The amendment proposed in Bill C-47 is simply to add organizations into the existing language in the Export and Import Permits Act, because when we're considering brokering, brokering could cover the activities of partnerships and other types of organizations, beyond simply the definition of “person” in the act, which is a company incorporated under the laws of Canada.

I would just note that when we did a historical search of the use of this particular provision in the act, we found that the only time a regulation has been established to exempt certain persons from the EIPA was when individuals were acting in the course of their employment—for example, certain employees of a foreign state, visiting forces, air marshals, and so on, and certain Canadian officials acting in the course of other pieces of legislation. These are the only times that an exemption has been enacted as a regulation under this act.

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

I'm sorry, Mr. Chair, but I think there is some confusion here. We are not talking about removing words from the current act, but removing words that Bill C-47 would add. The question was raised, but it would have no effect on the transportation of wood or steel. I see that my colleague is looking worried. We are talking about words that Bill C-47 would add and that we do not want. We do not want to change the current act.

I know my colleague will be speaking again, but first I would like to tell him that the arms trade between Belgium and Luxembourg and the arms trade between Canada and the United States are completely different. I am not alone in saying this; many experts have said it. We can always find someone who is not doing what they are supposed to do, but that is not an excuse, in most cases.

I see that my colleague would also like to pick up on this.

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

Thank you.

The purpose of this amendment is to delete the lines that would add organizations to the list of exemptions in the Export and Import Permits Act.

I see a problem with adding the word “organizations”. First, it is very vague. I do not think it has been explained why it was put in Bill C-47. In the case of the sale of helicopters to the Philippines, we noted that the Canadian Commercial Corporation was involved. That corporation is an organization. Would that open the door wide for similar entities to circumvent the system we are trying to establish?

Honestly, I don't think there should be any such exemptions, especially since the treaty stipulates that it must be applied across the board and without exemptions. That is another weakness of the bill. It makes no reference to the Canadian Commercial Corporation or to the Department of National Defence. As I said, there was the case of the sale of helicopters to the Philippines, but how many other cases might there be? So I do not see any need whatsoever to add exemptions.

Thank you very much, Mr. Chair.

[The Chair, Liberal, Bob Nault]

We will have a recorded vote.

(Amendment agreed to: yeas 8; nays 1)

(Clause 11 as amended agreed to)

(On clause 12)

We will now go to clause 12. You will notice that the Liberal's third amendment is consequential so it is approved.

(Amendment agreed to)

We will now go to the NDP's fourth amendment, which is under Madam Laverdière: That Bill C-47, in Clause 12, be amended by deleting lines 26 to 29 on page 6.

The floor is yours, Madam Laverdière.

[Jati Sidhu, Liberal, Mission—Matsqui—Fraser Canyon, BC]

Thank you, Mr. Chair.

I think by amending this clause, it might help my colleague across the aisle with what he was trying to accomplish a little earlier in paragraph 5.

My amendment in clause 11 is to add after line 6, on page 6, the following:

For greater certainty, this section applies in respect of a firearm only if the firearm is included in the Export Control List; Brokering Control List or Import Control List and it is the subject of an application for a permit, certificate or other authorization under this Act.

For a bit of clarification on this amendment, the “for greater certainty” clause addresses the concern raised by Canadian Shooting Sports Association and the Ontario Federation of Anglers and Hunters. It makes certain that brokering control does not include record-keeping for firearms that are not being brokered, moved from one third country to another third country. As confirmed by testimony from officials before this committee on Bill C-47, it is not affecting the domestic use of guns. Record-keeping, as required for importing and exporting firearms, is not introduced in Bill C-47. That has existed since 1947, even under the government of the Conservative Party.

This clause would provide greater certainty on those points, Mr. Chair. Thank you.

[The Chair, Liberal, Bob Nault]

We will have a recorded vote on the amendment by Mr. O'Toole to clause 5.

(Amendment negatived: nays 6; yeas 3 [See Minutes of Proceedings])

(Clause 5 agreed to)

(On clause 8)

We are back on clause 8. There is an amendment by Madame Laverdière that Bill C-47, in clause 8, be amended by adding, after line 22 on page 4, the following....

I turn the floor over to Madame Laverdière.

[Ziad Aboultaif, Conservative, Edmonton Manning, AB]

Thanks, Ms. May, on behalf of my colleagues.

I'm not so surprised by the position of Ms. Laverdière. I've heard the speeches. I spoke to this bill in the House of Commons. One of the main areas that we raised all the time was this clause. We got assurances from the government side at all levels that Bill C-47 will not come near or deny those amendments or at least what that clause speaks about.

That's just to freshen the memories of our honourable colleagues on the government side about those discussions. Hopefully, the assurances that we got during discussions will apply here and they will agree to pass this amendment.

Thank you.

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

I'm enormously grateful, Mr. Chair, that you're allowing me to speak to this amendment, because it is your discretion.

I support this amendment. The mover may not appreciate it when I go on to say that it's the silliest amendment I've ever seen. It's manifestly not only unnecessary; it's absurd. When you read the Arms Trade Treaty, it's clear that nothing in the Arms Trade Treaty could possibly apply to the categories of use covered by this amendment.

There is malicious intent, and not on the part of the mover, because he's a lovely man. I find within the political partisan machinations around this bill that I've wasted a lot of time in the House defending Bill C-47 when I wanted to point out its loopholes, because I had to keep going back to the Arms Trade Treaty and reading out all the provisions to make it clear that this wasn't the gun registry domestically in disguise.

The best way for all people around this table to ensure that this is never an election issue is to pass this silly amendment from the Conservative Party.

Thank you.