An Act to amend certain Acts and Regulations in relation to firearms

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

Sponsor

Ralph Goodale  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.

Part 1 of this Act amends the Firearms Act to, among other things,
(a) remove the reference to the five-year period, set out in subsection 5(2) of that Act, that applies to the mandatory consideration of certain eligibility criteria for holding a licence;
(b) require, when a non-restricted firearm is transferred, that the transferee’s firearms licence be verified by the Registrar of Firearms and that businesses keep certain information related to the transfer; and
(c) remove certain automatic authorizations to transport prohibited and restricted firearms.
Part 1 also amends the Criminal Code to repeal the authority of the Governor in Council to prescribe by regulation that a prohibited or restricted firearm be a non-restricted firearm or that a prohibited firearm be a restricted firearm and, in consequence, the Part
(a) repeals certain provisions of regulations made under the Criminal Code; and
(b) amends the Firearms Act to grandfather certain individuals and firearms, including firearms previously prescribed as restricted or non-restricted firearms in those provisions.
Furthermore, Part 1 amends section 115 of the Criminal Code to clarify that firearms and other things seized and detained by, or surrendered to, a peace officer at the time a prohibition order referred to in that section is made are forfeited to the Crown.
Part 2, among other things,
(a) amends the Ending the Long-gun Registry Act, by repealing the amendments made by the Economic Action Plan 2015 Act, No. 1, to retroactively restore the application of the Access to Information Act and the Privacy Act to the records related to the registration of non-restricted firearms until the day on which this enactment receives royal assent;
(b) provides that the Access to Information Act and the Privacy Act continue to apply to proceedings that were initiated under those Acts before that day until the proceedings are finally disposed of, settled or abandoned; and
(c) directs the Commissioner of Firearms to provide the minister of the Government of Quebec responsible for public security with a copy of such records, at that minister’s request.

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-71s:

C-71 (2024) An Act to amend the Citizenship Act (2024)
C-71 (2015) Victims Rights in the Military Justice System Act
C-71 (2005) Law First Nations Commercial and Industrial Development Act

Votes

Sept. 24, 2018 Passed 3rd reading and adoption of Bill C-71, An Act to amend certain Acts and Regulations in relation to firearms
June 20, 2018 Passed Concurrence at report stage of Bill C-71, An Act to amend certain Acts and Regulations in relation to firearms
June 20, 2018 Failed Bill C-71, An Act to amend certain Acts and Regulations in relation to firearms (report stage amendment)
June 19, 2018 Passed Time allocation for Bill C-71, An Act to amend certain Acts and Regulations in relation to firearms
March 28, 2018 Passed 2nd reading of Bill C-71, An Act to amend certain Acts and Regulations in relation to firearms
March 27, 2018 Passed Time allocation for Bill C-71, An Act to amend certain Acts and Regulations in relation to firearms

Firearms ActGovernment Orders

June 19th, 2018 / 7:20 p.m.

Liberal

Lloyd Longfield Liberal Guelph, ON

Mr. Speaker, I have been following the discussion this evening trying to make some sense of where the opposition party would like to see us head with gun legislation. It is like climate change legislation we have discussed, where we are looking for the alternative being proposed by the Conservative Party. Is the alternative to follow the legislation the Americans have in both cases, or do they have any other positive suggestions they could make in terms of this legislation?

Firearms ActGovernment Orders

June 19th, 2018 / 7:20 p.m.

Conservative

Kevin Sorenson Conservative Battle River—Crowfoot, AB

Mr. Speaker, I am surprised by my Liberal colleagues, who always like to compare us with the United States any time we defend lawful farmers and firearms owners. There is no comparison between the Canadian system and the American system. Zero. There is none.

Again, I believe that Canadians expect that we put in safe regulations, which we have. I have to go through an afternoon or a whole day of courses to be able to purchase a firearm. That is the point. The person who is in a gang does not have to go through that. He just buys one off the street, which the Liberals cannot seem to shut down.

What does the member suggest we do? First of all, we want to continue to educate. We want to say that we are all right with the PAL. We are okay with going through that type of exercise to own a firearm. The other thing we could do is continue to recognize safe storage. This is a very important part that makes sense. We do not have a problem with that. Gun owners I know realize that there are some expectations, and they all believe that this is over the top.

The House resumed consideration of Bill C-71, an act to amend certain acts and regulations in relation to firearms, as reported (with amendments) from the committee, and of the motions in Group No. 1.

Firearms ActGovernment Orders

June 19th, 2018 / 7:30 p.m.

Conservative

Larry Maguire Conservative Brandon—Souris, MB

Mr. Speaker, there is little evidence to justify the many changes found in the Liberals' firearms legislation proposed as Bill C-71. They are trying to fix a problem that does not exist. In fact, they would only further burden law-abiding firearms owners rather than actually going after people who commit crimes. I, for one, would prefer that our law enforcement agencies and the Government of Canada spend their time, energy, and resources on cracking down on gangs and criminals.

To step back for a moment, law-abiding firearms owners do not trust the Liberal government. They do not believe that the changes found in Bill C-71 would actually make our streets safer or put criminals behind bars.

I want to focus my comments on two aspects of the legislation that are deeply flawed and why I believe the bill must be defeated.

In the last Parliament, our previous Conservative government passed the Common Sense Firearms Licensing Act. Found in that legislation was the sensible change of introducing an automatic authorization to transport firearms. This meant that individuals were no longer required to contact the RCMP for certain routine and lawful activities as it became a condition of a restricted PAL holder's licence. This was a common-sense change. Why would law-abiding licensed owners need to notify the RCMP that they were taking their licensed firearm to a firing range? By adding the authorization to transport their firearm as part of their licence, it freed up valuable RCMP resources. It must be said that if the firearms owners did not follow the conditions as part of their licence, they would have it revoked, which is a very severe punishment.

If the government is going to give someone the right to own a firearm, to shoot a firearm, to store a firearm, to compete with a firearm, why would we not give them the automatic right to transport a firearm?

Found in the legislation, the Liberals are reverting to the old ways of not trusting responsible law-abiding Canadians to automatically transfer their firearms. Why? Well, they think it suits their political needs, and there is ample evidence to back that statement.

Before the last election, the Liberal Party went as far as scaring the public by suggesting that an automatic authorization to transport firearms was going to make Canada less safe. During question period on November 26, 2014, the now leader of the Liberals said that the right to have an automatic authorization to transfer a firearm would “allow handguns and assault weapons to be freely transported in a trunk anywhere within a province, even left parked outside a Canadian Tire or local hockey arena”. This was and remains a very erroneous statement. The law is quite clear when it says that one is only allowed to transport prohibited or restricted firearms “between two or more specified places for any good and sufficient reason”. If we dig even further into the regulations, it says that they must transfer their firearms by “reasonably direct” routes.

While the Liberals are entitled to their opinions, they are not entitled to ignore the facts. They cannot just purport something to be true while the law says something completely different.

For those thinking that calling up the RCMP every time they want to get authorization to transport a firearm is not that big a deal, let me put on the record the number of times the RCMP previously had to go through this process. Since 2008, the RCMP issued 992,139 authorizations. That is almost one million phone calls. For argument's sake, let us just say that it takes an average of eight minutes to get this process done. That is 132,285 hours that the RCMP could have used on investigating crimes and patrolling our streets and highways.

Now that we have established the inordinate amount of time this process takes, with little evidence that it actually enhances public safety, let us dig further into the numbers. If we really think that the RCMP's issuing authorization to firearms is doing something to keep our streets safe, people might want to know that over the past seven years, out of close to one million authorizations issued, only 17 have been refused. This would indicate that it is a fruitless endeavour that really does not accomplish a whole lot.

With all that in mind, what evidence did the Liberals put forward for why we have to revert to the old ways? They put forward nothing.

When the Hells Angels start calling the RCMP to let the RCMP know when they are transferring their firearms, I might change my tune on this matter. However, until criminals decide to start applying for firearms licences, I think we should call a spade a spade and admit that seeking an authorization to transfer a firearm does nothing to enhance the safety of Canadians.

The second part of this deeply flawed legislation is the removal of any oversight of the classification of firearms. For years, there was no recourse or appeal process if a firearm was not correctly classified. That meant the individuals in charge of this process could make millions of dollars' worth of property worthless with the stroke of a pen. While I am not a hunter or a sport shooter, I can understand their frustration when a firearm they have owned for years, or in some cases even decades, is suddenly prohibited.

No one in the House is suggesting that classifying firearms should not be taking place. All we are asking for is an appeal process, or at the very least a very clear understanding of the regulations that determine the classification of a firearm.

I want to be very clear that firearms should not receive a classification based on their appearance. Their classification should solely be based on their form and function.

If the Liberals wanted to provide greater clarity on the classification of firearms, they would have legislated the firearms reference table into law. The firearms reference table information is used during the process of firearms identification, classification, tracing, importation, and registration. Right now, the public has no ability to find out what is contained in the firearms reference table or to find out the justification of why a firearm was classified as it was.

I want to salute Matthew Hipwell, a former RCMP officer who served for 17 years, for bringing this issue to the public safety committee during its study of Bill C-71. It was Matthew who brought to the committee's attention that Murray Smith of the RCMP said, “the Firearms Reference Table has no standing in law. It's simply the...viewpoint of the firearms program on classification and description of any particular item.”

This has led to all sorts of problems, as the definitions to determine a classification are neither clearly nor legally defined. They are open to different interpretation and opinion. An example is the use of the word “variant”. There is no legal definition of “variant”. Another challenge in correctly classifying a firearm is the definition of “readily and easily”, which would be applied when determining if a firearm can be reconfigured.

If the firearms reference table has no standing in law, why are the Liberals completely gutting the ability of cabinet, made up of elected representatives, to overturn a wrongful classification? This was the only possible way to correct a wrongful classification. People who want to challenge the classification of a firearm would actually have to be arrested. That is the most irresponsible and undemocratic element of this legislation. Let us think for a moment. As a firearm owner, people would literally have to get arrested in order to challenge the reclassification of a firearm they may have owned for decades.

If this Liberal legislation has accomplished one thing, it has shown the need to establish clearly defined definitions of the criteria used to classify firearms. It also must be said that after reviewing all the expert witness testimony, not a single recommendation or amendment put forward by a firearms expert was accepted.

I cannot and will never support a piece of legislation that only goes after law-abiding firearms owners. There is little to nothing contained in this legislation that would crack down on criminals. Once again, the Liberals think that duck hunters and sport shooters are the problem.

While the government blindly passes this legislation, I will oppose it every step of the way. I will always stand up for law-abiding firearms owners and advocate for legislation that will actually make our streets and communities safer. Bill C-71 fails in this effort.

Firearms ActGovernment Orders

June 19th, 2018 / 7:40 p.m.

NDP

Pierre Nantel NDP Longueuil—Saint-Hubert, QC

Mr. Speaker, I find this to be a very sensitive topic and I do not know a thing about firearms, but I would like to ask my colleague about his reaction to the firearm classification system. He said that people would have to get arrested in order to challenge the way a firearm is classified. Therefore, I do not understand how the Ruger Mini-14, the firearm used at École Polytechnique, is not restricted.

I understand that prohibited handguns must be in a case and have to be safely transported when driving to the firing range. This is all controlled. But I do not understand why someone would want to shoot a hail of bullets at a duck. It is just a waste of ammunition. I do not see the point.

How is it that such weapons can be of interest to sport shooters? Would my colleague help me understand that?

Firearms ActGovernment Orders

June 19th, 2018 / 7:40 p.m.

Conservative

Larry Maguire Conservative Brandon—Souris, MB

Mr. Speaker, in answer to my colleague's very sound question, as he probably heard in my presentation, the classification of a gun in many cases has been done on its visual aspects, what it looks like. In my comments I said very clearly that it should be based on the function and form of the gun, not the visual similarity to another type of a weapon. That is certainly true for these types of weapons. All guns should be referenced here and licensed according to the classification of the function of the particular gun.

Firearms ActGovernment Orders

June 19th, 2018 / 7:40 p.m.

Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

Mr. Speaker, one of the things I would like to point out with Bill C-71 is the fact that when it comes to firearms and when it comes to dealing with crime, the Liberals have it all backwards. If we look at Bill C-75 and Bill C-71 at the same time, we see that law-abiding Canadians, Canadians who are jumping through all the hoops that the Liberals put in place, are being punished by Bill C-71. However, when we look at Bill C-75, the so-called enhancements of the judicial system, we see that the Liberals are downgrading all of the sentencing for a lot of the crimes across Canada.

What does my colleague have to say about the complete lack of clarity between the two pieces of legislation?

Firearms ActGovernment Orders

June 19th, 2018 / 7:45 p.m.

Conservative

Larry Maguire Conservative Brandon—Souris, MB

Mr. Speaker, I want to thank my colleague for drawing the differences in these pieces of legislation so clearly in his question.

Here we are with legislation that we need to make sure we are going to classify by the form and function of a gun when we have legislation on the other side that would soften the sentence that criminals or gang members may get for acting illegally. It is telling that the Liberal government is bringing both of these bills forward under the auspices of trying to make it tougher on crime, when both bills would actually make it softer on crime. That is the similarity between the two, and it is unfortunate that the Liberals do not really tie in the fact, with Bill C-71, that this would not do anything to make it tougher for the criminals.

Firearms ActGovernment Orders

June 19th, 2018 / 7:45 p.m.

Conservative

Glen Motz Conservative Medicine Hat—Cardston—Warner, AB

Mr. Speaker, I want to thank the member for his involvement in filling in for us at committee on a number of occasions. He brought some great value to the work there. I wonder whether he could provide a commentary on some of the evidence that was heard from the experts who spoke to where Bill C-71 really fails Canadians.

Firearms ActGovernment Orders

June 19th, 2018 / 7:45 p.m.

Conservative

Larry Maguire Conservative Brandon—Souris, MB

Mr. Speaker, I appreciate the member's comment in regard to my sitting in on a few of the sessions of the committee. The one that was most important to me was, as I pointed out, the one where Matthew Hipwell came as an expert in managing guns, having been in the RCMP for years but now in the business as well. He pointed out that many guns seem to be getting licensed because they have somewhat dropped into the same category as something else because they look similar.

I was very clear that firearms should not receive a classification based on their appearance. It has to be based on their form and function. That is the number one thing I learned from sitting in on some of those committee meetings. In some cases, that is not how guns are licensed today, but it should be.

Firearms ActGovernment Orders

June 19th, 2018 / 7:45 p.m.

Conservative

Bernard Généreux Conservative Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC

Mr. Speaker, I am pleased to rise to speak in the House today to represent my constituents in opposing Bill C-71, which is causing concern not only in my riding, but across Canada, especially the rural regions of Quebec.

Let me provide a brief history lesson. The former Liberal government of Jean Chrétien promised a gun registry in 1995 at a net cost of $2 million. He believed that it would cost only $119 million to implement it and he would collect $117 million in fees. Well, it took only seven years before the auditor general sounded the alarm in 2002, saying that the cost of this initiative had reached $1 billion. Two years later, it was valued at $2 billion. It went from $2 million to $2 billion.

That does not include the harm caused to thousands of hunters and farmers across the country, some of whom lived hundreds of kilometres from major centres and risked having their guns confiscated if their registrations or renewals were not done on time. That is when we noticed the disconnect between the Liberals and rural Canada and we still see it today. We had to wait for a Conservative government to make things right.

Let us be clear. The Conservatives support common sense gun control measures and the responsible use of firearms. It always has and it always will. In fact, it was a Conservative government that added the requirement for a firearms safety course to the national safety code in 1991. A Conservative government also amended the Criminal Code to include mandatory minimum sentences for firearms offences.

Let us not forget also that street gangs do not walk around with hunting rifles. That is the first thing. They like being discreet and they prefer handguns, which are already controlled and prohibited by law since 1934. Those criminals will continue buying their firearms on the black market, probably from the box of a pickup truck in some back alley in a large urban centre. This does not necessarily happen in the regions. Bill C-71 will not change that reality.

The Conservative government suspended the mandatory registration of long guns in 2006 and abolished the firearms registry in 2012 because it was costly and inefficient. Today, instead of looking forward and finding solutions to reduce the crime rate in Canada, the Liberals prefer to take us back to the 1990s by introducing Bill C-71.

First, they tell us that the bill does not include a registry, but the wording says that a retailer who sells a firearm must check the reference number with the registrar and record it in a system, where it must be kept for a period of 20 years. What is a registrar doing other than maintaining a registry? I am not sure how this translates into English, but in French, the word enregistrement includes the word registre. The word used in the English version of Bill C-71 is “registrar”, which comes from the Latin registrum, meaning “registry”.

As Jean Chrétien said, “A proof is a proof. What kind of a proof? It's a proof.” The Prime Minister likes to say, “A Canadian is a Canadian is a Canadian.” Well, a registrar is in charge of a registry.

They can claim that this registry will be simpler than the last, but there is still going to be a registry and they should not hide that fact. Unfortunately, that is exactly what the Liberals are doing. They are hiding the truth from us. The minister evidently recognized the lack of clarity of Bill C-71 when he introduced it on Monday, March 26, 2018. He indicated that there was no established standard for complying with the obligation to keep records for a mandatory period of 20 years. He recognized that certain small businesses still keep paper records. I can attest to that because I am a hunter. I am not a collector, but my son and I regularly exchange firearms, in accordance with the law and the rules, and the retailer who has sold us our guns still keeps paper records, which he will have to hold on to for 20 years.

Companies sometimes change owners, computer systems are changed sometimes every five years, and even tax documents are only kept for seven years. How did the minister decide on 20 years, which is three times longer? What are the penalties if the records are lost, misplaced, or destroyed as a result of a fire or technical malfunction?

Before introducing legislation, the government must ensure that it is complete.

Furthermore, Bill C-71 requires the owners of certain restricted firearms to call and request authorization to transport their firearm every time they leave home with it.

On March 26, 2018, here in the House, the minister said that owners could request authorization by phone or by Internet, and that the process would take about three to five minutes. However, there is no government office that can serve the public in three to five minutes.

The Auditor General criticized the Canada Revenue Agency, because it is almost impossible to get an agent on the line. Many have spoken out about similar situations of being stuck on hold for 15, 20, 40 minutes, or even longer, with employment insurance, immigration and citizenship, and other government agencies. The Liberals suddenly think that gun owners will be able to get someone on the line in less than five minutes. That is completely ridiculous.

Earlier, my colleague talked about how the Internet is not as fast in rural areas as it is in big cities. In my riding, there are some places where the Internet is not available at all. People have no way to access the Internet to get the PDFs. This will never work. Let's be realistic. Law-abiding people are going to get tired of waiting, and criminals who own illegal guns are not going to call the toll-free number to request permission to transport them.

With respect to privacy, the federal government is getting ready to transfer files from the old long gun registry to Quebec authorities that are trying to set up their own gun registry. Not only is the government doing that without the consent of the people involved, but it is also transferring information that has not been updated in a long time. Registration stopped being mandatory in 2006, which was almost 12 years ago, and the files have not been updated since the registry was abolished in 2012. The government is about to transfer files that have been out of date for six to 12 years.

I ask the Liberals across the aisle what guarantees the federal government obtained to ensure that Quebec's firearms registration service, or SIAF, is fully aware that this list is largely obsolete, and to ensure that Quebeckers do not end up in a situation where they have to prove that they genuinely no longer possess the firearm listed in the old registry or face fines ranging from $500 to $5,000.

Everything seems to point to the fact that this bill was hastily put together. Furthermore, instead of taking meaningful action to reduce crime in Canada, the government did the exact opposite by opposing mandatory sentences and consecutive sentences through Bill C-38.

I am not going to vote for a bill that will create more red tape for hunters in my rural riding and that has the potential of treating my law-abiding constituents as criminals.

Instead of trying to pass Bill C-71 before summer break, I urge the government to take a step back, listen to the concerns of rural residents, and withdraw Bill C-71 before the fall.

In conclusion, I can say that people in my riding are talking to me about this bill. I consulted my constituents and received tons of feedback, several dozen responses, in fact. Everyone is on our side. No one wants a registry, and yet, despite the government's claims, there will inevitably be a registry.

Firearms ActGovernment Orders

June 19th, 2018 / 7:55 p.m.

NDP

Pierre Nantel NDP Longueuil—Saint-Hubert, QC

Mr. Speaker, I thank my colleague for his very clear speech. I understand that he was expressing the point of view of his constituents, which is certainly relevant.

I represent a suburb of Montreal, so I do not really face this reality on a regular basis. He talked about how he and his son exchange firearms, following all the rules of course. Since I am not an expert, I wanted to ask him what someone who is familiar with firearms would have to say regarding the firearms used in the most recent attacks. He was quite right that criminals carry small firearms that they trade in an alley in the back of a truck. However, the hoodlums who have shot people recently have done so with firearms that, I think, are available in sporting goods stores, with a gun licence. What do hunters have to say about that? The vast majority of Canadians use firearms to hunt, which is an entirely noble activity. How do hunters react when they see hoodlums shooting all over the place with firearms that should never be sold freely?

Firearms ActGovernment Orders

June 19th, 2018 / 7:55 p.m.

Conservative

Bernard Généreux Conservative Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC

Mr. Speaker, I thank my colleague for his question.

I almost feel like returning the question and asking him what he thinks of the hoodlums who drive around and use a car or van to kill dozens of people, as was the case in Toronto recently. The principle is the same. The problem is in those people's heads; it is not the firearms themselves. Some people collect firearms, just as other people collect other everyday items or trinkets. I do not think that is the problem. On top of that, people who use firearms to commit crimes are often deranged, as we have seen on many occasions.

Firearms ActGovernment Orders

June 19th, 2018 / 7:55 p.m.

Winnipeg North Manitoba

Liberal

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

Mr. Speaker, I have a very quick comment and a question.

It continues to be concerning that the Conservative Party wants to insist that this is about a gun registry, when we know that this is not about a gun registry. Even Conservatives have said that. When the bill went to committee, they even moved an amendment to that effect, which was supported by all parties. However, that does not fit the Conservative narrative. They want to continue to mislead Canadians, and that is entirely up to the Conservative Party.

The specific question I have for the member is this: Does he believe that individuals in society should be able to have a restricted weapon in their trunk or on their back seat wherever they want to go? From the Conservative Party's perspective, do these individuals have any responsibility to at least make a notification that they are driving around, or should they be able to just drive around with a restricted weapon?

Firearms ActGovernment Orders

June 19th, 2018 / 7:55 p.m.

Conservative

Bernard Généreux Conservative Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC

Mr. Speaker, I would like to come back to something my colleague said earlier. We see less of these in Quebec, but the rest of Canada holds what are called gun shows. People who own firearms gather together in villages, municipalities, usually very small communities and bring their firearms. That means they are transporting their firearms from one place to another. Imagine the situation. Before leaving home, these people have to contact the department by telephone or Internet to get a document that will allow them to bring their firearm to a gun show. That is just one example.

Obviously, that is just red tape on red tape, an administrative burden that most people do not need. Someone responded earlier that this will affect less than 10% of people. Why have a rule for 10% of the population? What about the 90% of law-abiding people who have no issue? Why pass legislation for only 10% of the population?

I think that people obey the law, particularly hunters, those who collect firearms, and people who take their firearms to gun shows to show them off to others with the same passion. We must not forget that these are passionate, law-abiding citizens.