An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts

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

Sponsor

Scott Brison  Liberal

Status

This bill has received Royal Assent and is now law.

Summary

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

This enactment amends the Access to Information Act to, among other things,
(a) authorize the head of a government institution, with the approval of the Information Commissioner, to decline to act on a request for access to a record for various reasons;
(b) authorize the Information Commissioner to refuse to investigate or cease to investigate a complaint that is, in the Commissioner’s opinion, trivial, frivolous or vexatious or made in bad faith;
(c) clarify the powers of the Information Commissioner and the Privacy Commissioner to examine documents containing information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege in the course of their investigations and clarify that the disclosure by the head of a government institution to either of those Commissioners of such documents does not constitute a waiver of those privileges or that professional secrecy;
(d) authorize the Information Commissioner to make orders for the release of records or with respect to other matters relating to requesting or obtaining records and to publish any reports that he or she makes, including those that contain any orders he or she makes, and give parties the right to apply to the Federal Court for a review of the matter;
(e) create a new Part providing for the proactive publication of information or materials related to the Senate, the House of Commons, parliamentary entities, ministers’ offices, government institutions and institutions that support superior courts;
(f) require the designated Minister to undertake a review of the Act within one year after the day on which this enactment receives royal assent and every five years afterward;
(g) authorize government institutions to provide to other government institutions services related to requests for access to records; and
(h) expand the Governor in Council’s power to amend Schedule I to the Act and to retroactively validate amendments to that schedule.
It amends the Privacy Act to, among other things,
(a) create a new exception to the definition of “personal information” with respect to certain information regarding an individual who is a ministerial adviser or a member of a ministerial staff;
(b) authorize government institutions to provide to other government institutions services related to requests for personal information; and
(c) expand the Governor in Council’s power to amend the schedule to the Act and to retroactively validate amendments to that schedule.
It also makes consequential amendments to the Canada Evidence Act and the Personal Information Protection and Electronic Documents Act.

Elsewhere

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

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-58s:

C-58 (2023) Law An Act to amend the Canada Labour Code and the Canada Industrial Relations Board Regulations, 2012
C-58 (2015) Support for Veterans and Their Families Act
C-58 (2013) Law Appropriation Act No. 5, 2012-13
C-58 (2010) Law Appropriation Act No. 4, 2010-11
C-58 (2009) Child Protection Act (Online Sexual Exploitation)
C-58 (2008) Law Appropriation Act No. 2, 2008-2009

Votes

June 18, 2019 Passed Motion respecting Senate amendments to Bill C-58, An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts
Dec. 6, 2017 Passed 3rd reading and adoption of Bill C-58, An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts
Dec. 5, 2017 Passed Time allocation for Bill C-58, An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts
Nov. 27, 2017 Passed Concurrence at report stage of Bill C-58, An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts
Sept. 27, 2017 Passed 2nd reading of Bill C-58, An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts

EthicsOral Questions

November 3rd, 2017 / 11:30 a.m.


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Kings—Hants Nova Scotia

Liberal

Scott Brison LiberalPresident of the Treasury Board

Mr. Speaker, I believe the hon. member obviously is interested in Bill C-58, our government's landmark legislation to modernize Canada's Access to Information Act. This is really important, because for 30 years governments have talked about modernizing access to information but have not done it. The Conservatives promised it in 2006. They did not do anything. In fact, they were the only government in the history of the British Commonwealth to be found in contempt of Parliament for not providing information. Our government is raising the bar after 10 years of darkness under the Conservatives.

Access to InformationOral Questions

November 3rd, 2017 / 11:25 a.m.


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NDP

Rachel Blaney NDP North Island—Powell River, BC

Mr. Speaker, the minister keeps repeating that his government is the first in 30 years to make improvements to access to information. However, the Information Commissioner was very clear when she said the Liberals' Bill C-58 is regressive and that the status quo would be better than what the Liberals are proposing, meaning that Stephen Harper's government was more open and accountable than the current government.

Canadians were promised more accountability and transparency. Will the government work with us and help themselves by actually keeping an election promise?

Access to InformationOral Questions

November 3rd, 2017 / 11:20 a.m.


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Kings—Hants Nova Scotia

Liberal

Scott Brison LiberalPresident of the Treasury Board

Mr. Speaker, we are the first government in more than 30 years to modernize the Access to Information Act. As I said in my first speech on Bill C-58, our intention is to raise the bar for openness and transparency. We are open to amendments for improving the bill and we look forward to working will all hon. members to improve this bill. We will continue to raise the bar—

Access to InformationOral Questions

November 3rd, 2017 / 11:20 a.m.


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NDP

Matthew Dubé NDP Beloeil—Chambly, QC

Mr. Speaker, despite the Liberals' promises to be more open and transparent, what we have is an Information Commissioner who is getting a growing number of complaints for requests for information that are being denied before Bill C-58 is even passed by the House. It is completely unacceptable. The bill has not even become law yet. However, the commissioner is proposing amendments to improve the bill.

Will the Liberals keep their promises and work with us, the NDP, and with the Information Commissioner to truly improve access to information?

Access to InformationOral Questions

November 2nd, 2017 / 2:20 p.m.


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NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

That is coming from the party of the sponsorship scandal, Mr. Speaker.

The Information Commissioner dropped a bombshell yesterday. The Liberals' new no access to information bill, Bill C-58, will make things even worse than they were under Stephen Harper and Jean Chrétien. Ethics, cash for access, and open government were all promises made, and all promises that were broken. From the sponsorship scandal to missing and murdered aboriginal women and girls, all of this came to light through access to information.

Will the minister listen to civil society, immigration groups, and first nations, and fix this bad bill?

Access to InformationOral Questions

November 2nd, 2017 / 2:20 p.m.


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NDP

Guy Caron NDP Rimouski-Neigette—Témiscouata—Les Basques, QC

Mr. Speaker, “Failing to Strike the Right Balance for Transparency” is the punchy title of the Information Commissioner's report, which indicates that the Liberals are once again breaking their relatively clear election promise to make representatives of the Prime Minister's Office and other ministers' offices subject to the Access to Information Act.

They could have accomplished that with Bill C-58, but the bill falls far short of the mark.

Why is the Prime Minister backtracking rather than forming a government that is truly open and transparent?

Speaker's RulingSalaries ActGovernment Orders

October 26th, 2017 / 11:45 a.m.


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Conservative

Jacques Gourde Conservative Lévis—Lotbinière, QC

Mr. Speaker, I am pleased to take part in the debate on Bill C-24, which amends the Salaries Act.

I have had the great privilege of representing my riding in the House of Commons since January 23, 2006, and the royal treatment that the Prime Minister and his ministers have been indulging in since they took office in 2015 is completely unheard of. It is insulting to the Canadians that we are.

Since this Liberal government took office, no one has been spared. The regions, families, companies and every sector of the economy are hurting. It is important to point that out. Everyone is hurting except, of course, the Liberal's little clique. Canadians never expected that they would be misled like this after the election.

I would first like to tell the people of Lévis—Lotbinière that only the Conservatives will continue to fight to put an end to the Liberals' improprieties and to show Canadians that the old Liberal culture shell games that have always benefited the Liberals are still going strong. We will fight back against the practices of Liberal ministers, such as the Minister of Finance, who is currently showing a clear lack of ethics . He is gouging Canadians to build his family empire on the sly in a nice safe tax haven in Barbados.

There is a great deal more that could be said about the Minister of Finance, but I will simply offer him a piece of advice. He may not like having his personal spending discussed in the House, but Canadians expect those who hold high office in the Canadian government to adhere to the principles of transparency, accountability, and trust, in accordance with the spirit of the Conflict of Interest Act.

All of us here in the House, including all the ministers in this government, are required to comply with this act. There is a Canadian legal principle that stipulates that a person cannot plead ignorance of the law to avoid compliance.

This Liberal government is unique in Canadian history for its boundless hypocrisy. Worst of all, its word means nothing. It is truly appalling. Bill C-24 creates eight new Liberal ministerial positions, including five for ministers of state who were appointed after the 2015 election and three as yet unspecified.

Members may recall that this time last year, we found out that preferential treatment was being given to supporters willing to make a contribution to the party in exchange for access to ministers, who were all too willing to prioritize the interests of a minority over the common good.

Bill C-24 will eliminate the positions of regional development agency ministers and transfer their many responsibilities to a single minister, one with special privileges, naturally. We are very concerned about Canada's regions. Indeed, how can a single minister be expected to replace 5 other ministers and fully grasp the situation in every region of a province, for instance Quebec?

I have had the privilege of visiting Quebec's regions and I can say that, like everywhere else in Canada, our situation is unique. This summer, the Prime Minister said that appointing a minister from Toronto to oversee all the regional development agencies would do away with the sort of politics that we always had. What a joke.

We have known for a long time that Toronto is the one pulling the country' strings, not the Prime Minister's Office, which explains the finance minister's huge influence. He is one of the government's untouchables, though we cannot understand why.

Worse still, when the Prime Minister said he was putting a minister from Toronto in charge of ACOA because of the kind of politics in Atlantic Canada, that was a defamatory insult to Atlantic Canadians. Since the government did the same with the Quebec regional development agency, can we infer that the Prime Minister's attitude toward Quebeckers is just as cynical?

The Liberal-dominated committee responsible for studying Bill C-24 did not hear from a single witness about the plan to cut regional development minister positions. That kind of political manoeuvring from a government that claims to make its decisions based on evidence is not acceptable. Unlike the Liberals, the Conservatives will fight for appropriate regional representation and authority without insulting Canada's regions.

The most basic right in a democratic country is the right to be heard. This kind of thing is unprecedented. Bill C-58, which limits access to information in Canada, is yet another example of the Liberal Party's conceit and lack of transparency. Canadians are ashamed of this government.

The Standing Committee on Government Operations and Estimates only heard from a government house leader and a teacher during the course of its study. That is an insult to the intelligence of Canadians and our most fundamental right of expression as full participants in the decision-making or policy development process.

Since when is a decision like this made in Canada? The arrogance it must take to have the audacity to make such an important decision without consulting the grassroots, those who understand the situation in every region.

As if that was not enough, Bill C-24 also amends the Salaries Act to grant equal salary to all ministers, giving junior ministers the same salary as ministers with more important portfolios without having new responsibilities. This is a bit surprising. Given the government's poor record, we wonder if anyone over there is actually working in the right direction here, in other words, working to ensure our economic prosperity in Canada.

On this side of the House, we believe that taxpayers’ money belongs to the taxpayers, not the Liberal Party. I prefer making my own investments rather than the Liberals making them for me. The announcement by the government of a new minister does not mean additional rewards for friends, and these budget allocations will not benefit all Canadians. Our official critics on this side of the House are more productive, and at no additional cost to Canadians.

Moreover, the Minister of National Revenue does not even know what is happening in her own department, as she has said so well in the national media and as I heard her say again last night. Clearly, the net is tightening on the Minister of Finance.

What we have here is a careless government. They have given up on defending democracy, accountability, their commitments, protecting everyone regardless of status, their responsibilities and the common good, all to benefit a minority. Most reprehensibly, they have given up on future generations, whom they leave in a financial abyss. By delighting in showering today's taxpayers with money, the government is misleading voters, because governments never really give money away, as they can only do so by mortgaging our children’s future.

Currently, the Liberal debt represents $2,500 more per year for a family with two adults and two children. This means that, for the next 30 years, because the government has told us that we will undoubtedly have a deficit for the next 30 years, an extra debt of $100,000 per Canadian family will be left to future generations by this government opposite. That is shameful. Only the Conservatives can ensure a financial balance that will eliminate the deficit by not living on credit at the expense of our future generations.

We can never say it enough: the Liberals, who believe they are above the law and have to be caught out before admitting their mistakes, have no claim to the label they gave themselves; they are anything but a responsible, open, and transparent government. The mistakes that led them to explain themselves before the Ethics Commissioner are multiplying, but there is worse: now they want to play a guessing game with Canadians. With Bill C-24, the Liberals are also asking Parliament to approve the appointment of three mystery future ministers. What nonsense.

I often rise to seek answers from the government. Like many, I remain in the dark, surrounded by the Liberal fog, a thick fog that will very soon mix, I’m afraid, with marijuana smoke. I will close by saying that too many Liberal decisions remain unjustifiable, irresponsible, unethical, and illogical. It costs too much to elect a Liberal government with a parade of preferential ministers, when it is us, the official opposition, who do all the work in Canada.

Bill C-48--Time Allocation MotionOil Tanker Moratorium ActGovernment Orders

October 4th, 2017 / 3:55 p.m.


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Conservative

Candice Bergen Conservative Portage—Lisgar, MB

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

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

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

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

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

Export and Import Permits 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.

Access to InformationOral Questions

September 22nd, 2017 / 11:40 a.m.


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Kings—Hants Nova Scotia

Liberal

Scott Brison LiberalPresident of the Treasury Board

Mr. Speaker, I thank my colleague from Ottawa West—Nepean for her question.

As we head into Canada's Right to Know Week, today we are debating Bill C-58, the first major reform of the Access to Information Act in 30 years. Recently, our leadership was internationally recognized when I accepted the role of co-chair of the Open Government Partnership on behalf of Canada.

Bardish Chagger LiberalLeader of the Government in the House of Commons and Minister of Small Business and Tourism

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

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

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

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

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

Export and Import Permits ActGovernment Orders

September 21st, 2017 / 1 p.m.


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Conservative

Bob Zimmer Conservative Prince George—Peace River—Northern Rockies, BC

Mr. Speaker, I had a private member's motion in the last Parliament. It specifically addressed the ATT and our not signing on to the particular agreement, and not being a part of it in the form that it was currently in. It was Motion No. 589 which stated:

That, in the opinion of the House: (a) Canada already exceeds all the standards listed in United Nations resolution 55/255 concerning firearms (the resolution); (b) the regulations envisioned in the resolution would do nothing to enhance public safety, and would serve only to burden the law-abiding firearms community; and therefore, the government has already surpassed its obligations with respect to the resolution and is not required to take any further steps.

I mention that today because the same problems that existed when I presented my private member's motion in the last Parliament still exist to this very day. What needs to be understood by a couple of our friends who maybe are not part of the firearms community out in Canada today, and they are watching, is that Canada already has an extremely good system in terms of monitoring the sales and permitting sales of military equipment around the world.

The trade controls bureau regulates the Export and Import Permits Act, which, since 1947, has allowed the minister to prevent the supply of military equipment to countries for a variety of reasons, including security threats, internal and external conflicts, or sanctions by the United Nations. That is already in place, and Canada already abides by that and uses it effectively.

I will bring the question back to the firearms community. Why not exclude the firearms community from this particular Arms Trade Treaty? We would maybe have broad agreement throughout the firearms community that it would not be such a bad thing, but since it is not exempted, it would become a big problem for firearms owners.

I will bring this all back to pre-election 2015. The Liberal Party promised it would not reinstitute a firearms registry in Canada. It was a very hot topic for the Liberals. There were many rural Canadians who were upset by a firearms registry, and it was a big problem for the government because the prior Liberal government was the one that brought it in.

It was not a very popular piece of legislation. Pre-election, the Liberals said they were not going to do this again. The minister, by all his actions, is showing the exact opposite. He is just trying to do it through the back door, and we have mentioned it many times. My colleague from Red Deer—Lacombe and I mentioned this before when this was brought forward in the House. With Bill C-47, there is a real desire to bring in a back door registry without saying so.

I will read out some of the parts of what this bill would actually require. This is Bill C-47 for all those in Canada watching. They can see the actual act. I am going to read what it would require of business owners who sell long guns and firearms. It would require them to keep records.

It states:

Every person or organization that applies for a permit, import allocation, export allocation, certificate or other authorization under this Act shall keep all records that are necessary to determine whether they have complied with this Act.

If company X is a company that sells firearms, it might export and sell them to somebody from the U.S. who buys them. This would then apply to that company's database. I might go in and buy a firearm from this particular company, and this is a question that some have asked. What limitations are there to access the records of that particular company? Are all records accessible? For every firearm that was bought and sold, is the record accessible? Because the bill does not exclude firearms owners or long-gun owners, it really says that all databases would be made available to the minister.

I will talk about some more things in the actual act, and why we have problems with it. Under electronic records, the bill states:

Every person or organization that is required to keep a record and that does so electronically shall ensure that all equipment and software necessary to make the record intelligible are available during the retention period required for the record.

Those are computers, so they need to be accessible. Under inadequate records, the bill states:

If a person or organization fails to keep adequate records for the purposes of this Act, the Minister may, in writing, require them to keep any records that the Minister may specify, and they shall keep the records specified by the Minister.

Those are not some records; those are any records.

The period for retention is another issue with firearms communities. Is it just for a week? Is it just for a certain period of time? It is actually much longer than a week. The bill states:

Every person or organization that is required to keep records shall retain them until the expiry of six years after the end of the year to which they relate or for any other period that may be prescribed by regulation.

It could be up to seven years. Firearms companies such as a little local firearms store in my community's backcountry, like Corlanes in Dawson Creek, because they are exporters and importers, would be required by the minister of public safety and this Parliament to have accessible records of those sales. It sure sounds like a firearms registry to me.

Let us get to the bottom of it, where this is all coming from is demand by the minister. The bill states:

If the Minister is of the opinion that it is necessary for the administration or enforcement of this Act, the Minister may, by a demand served personally or sent by mail, require any person or organization that is required to keep records to retain those records for any period that is specified in the demand, and the person or organization shall comply with the demand.

There it is. There is the back door registry. The minister has already talked about, in another piece of legislation that is coming before us very soon, handing over the previous firearms registry data to a province in this country. It seems that on one hand he reassured his electorate, especially those in Saskatchewan who sent him back to Ottawa, that there would never be a firearms registry brought forward again by a Liberal government, but here we have two examples—today, in Bill C-47 and next in Bill C-58—of doing the exact opposite. That is why our firearms community is so concerned.

We saw it was ineffective the last time it was brought in. It was very expensive and it was putting the focus on the wrong individuals. I am a firearms owner myself. I do it lawfully. I have been trained in how to safely fire and handle restricted firearms, non-restricted firearms, etc. For people who obey the law and do it properly, this is unneeded attention on a community of people who safely and lawfully buy and sell firearms and do it as part of our history.

I have a pin on my lapel. I am co-chair of the parliamentary outdoor caucus. I do that with my colleague across the way. We support hunters, anglers, outfitters, trappers, etc. We support the historic events that really started this country. It started with the fur trade. A lot of my constituents still hunt, trap, and fish. I like to do that when I have time to get out there. These kinds of laws have a negative effect on those communities, because we put the focus on them as if they are criminals already, when they have done nothing wrong. All they have done is chosen to buy a firearm to go hunt and provide food for their family.

The crux of my argument today is that the Liberal government said it was not going to bring in a firearms registry. The Liberals said it over and over again, because it was a big deal to a lot of their constituents. A lot of rural folks elected Liberal members of Parliament with the reassurance that it would not happen, and here we have a minister and a government that is trying to do that. From one back door or another, it is determined to get a firearms registry re-established in the country.

We need to come into this with our eyes wide open. Voters who are watching this today need to understand this is a big deal. This is why we did not accede to the Arms Trade Treaty when we were in government. It was because it did not have exclusions for firearm owners written within our particular act. My private member's bill spoke to that. It was one more reason why we did not accede to it.

I challenge the government to have a sober second thought and look at this again. We implore the government not to accede to the ATT. We already have enough regulations and laws that get to the same end the ATT is trying to get to in terms of selling military equipment across the world. The Liberals should especially think about the firearm owners to whom they promised they would not start a registry. Hopefully, the government will not support this legislation today.

Access to Information Act and Privacy ActRoutine Proceedings

September 20th, 2017 / 3:15 p.m.


See context

Vancouver Granville B.C.

Liberal

Jody Wilson-Raybould LiberalMinister of Justice and Attorney General of Canada

Mr. Speaker, I would like to table, in both official languages, a charter statement on Bill C-58, An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts.