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

This bill was last introduced in 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.

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.

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

September 20th, 2018 / 1:35 p.m.


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Conservative

Kelly Block Conservative Carlton Trail—Eagle Creek, SK

Mr. Speaker, what I agree with is that it is up to lawmakers, up to members of Parliament to create laws, and it is up to us to be very clear about what it is we are creating. The fact that the current government has been very ambiguous and somewhat deceptive in what it is trying to create through Bill C-71 should be a concern not only for the rest of us in the House, those of us sitting in the opposition benches, but also to all Canadians and the experts themselves.

Firearms ActGovernment Orders

September 20th, 2018 / 1:35 p.m.


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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, my question is really directed to the Conservative caucus about the process we are following today. The hon. member for Lethbridge spoke of the Liberals forcing this bill through, ramming the bill through and bringing in time allocation, but under parliamentary procedure, if even one Conservative had said no to time allocation on Bill C-71, there would not be time allocation on Bill C-71. It was a motion by unanimous consent.

Some hon. members

No.

Firearms ActGovernment Orders

September 20th, 2018 / 1:35 p.m.


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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Was it not unanimous consent? Well, perhaps my memory is faulty for which I apologize.

Firearms ActGovernment Orders

September 20th, 2018 / 1:35 p.m.


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Conservative

Kelly Block Conservative Carlton Trail—Eagle Creek, SK

Mr. Speaker, I am not sure I understand the question. It is my understanding that whenever the government introduces time allocation on any piece of legislation. we vote on it and that the majority wins.

Firearms ActGovernment Orders

September 20th, 2018 / 1:35 p.m.


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Conservative

Rachael Thomas Conservative Lethbridge, AB

Mr. Speaker, I would invite my colleague to comment on the juxtaposition that takes place between Bill C-71 and Bill C-75.

Bill C-71 of course is a piece of legislation the Liberal government has brought forward that has to do with guns. Meanwhile, Bill C-75 has to do with decreasing sentences for a number of heinous crimes, including genocide. The Liberals are claiming that Bill C-71 would actually go after gangs and gun violence and that it would help make our communities safer. Meanwhile, Bill C-75 would appear to do the exact opposite by actually making life a whole lot easier for criminals.

I wonder if my colleague would comment on that.

Firearms ActGovernment Orders

September 20th, 2018 / 1:35 p.m.


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Conservative

Kelly Block Conservative Carlton Trail—Eagle Creek, SK

Mr. Speaker, I note that my colleague made a wise intervention earlier today.

I think I mentioned this contradiction in my remarks on Bill C-71. It is somewhat rich to introduce a bill that would appear to be getting tough on crime when it would actually do nothing to address violent crime or gangs, while at the same time reducing the sentences for individuals who perpetuate violent crimes.

The member did a great job of articulating that in her remarks, I mentioned it in mine, and I think it should come as no surprise that this contradiction exists with this particular government.

Firearms ActGovernment Orders

September 20th, 2018 / 1:35 p.m.


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Kanata—Carleton Ontario

Liberal

Karen McCrimmon LiberalParliamentary Secretary to the Minister of Public Safety and Emergency Preparedness

Mr. Speaker, I will be splitting my time with the member for Surrey Centre.

It is a pleasure to rise at the third reading stage of this important legislation. Bill C-71 will uphold the commitments made by the government during the last election to introduce modest measures on firearms that address weaknesses in the current legal firearms regime. That includes the commitment not to reinstate a federal long-gun registry.

From the start, the bill has been guided by the priorities of protecting people and communities, supporting law enforcement and ensuring law-abiding firearms owners are treated fairly and reasonably. I am pleased to note that throughout the bill's progress, those priorities were reaffirmed by a broad range of stakeholders, partners and individual Canadians. Consultation does not mean that everyone agrees. It means that we have made the effort to hear all of the arguments, pro and con.

At committee there were some important motions for amendment. In fact, the amendments that were adopted came from every party. The first added to the specific criteria that must be considered when determining eligibility to hold a firearms licence, specifically to add threatening conduct, non-contact orders and more explicit language around risk of harm to self or to others. The amendments also make it clearer that when threatening violence and conduct occur, it includes those communicated in the digital realm. The amendments also specify that when considering eligibility for a firearms licence, expired orders prohibiting the possession of firearms where an offence in which violence was used, threatened or attempted against an intimate partner or former intimate partners must also be considered.

This should reassure Canadians that in the interest of public safety, the process through which a person can obtain a firearm includes a more comprehensive consideration of eligibility factors. Explicitly including the concept of harm on that list, which includes self harm, may also have important impacts. It is an absolute tragedy that 80% of firearm deaths in Canada are suicides and while suicide prevention is a whole-of-society issue, there are meaningful actions we can take through legislation. This is one of those contributing actions. Prevention experts agree that limiting access to guns for those at risk of suicide is part of the solution, along with access to mental health support.

I am glad to see that the concept of harm is clearly identified in the bill before us. I will also point out that the additional new criteria reflects the types of violence that predominantly target women, and I thank the member for Saanich—Gulf Islands for all her work on this issue. This includes harassment and cyber-violence. In the online space, women are often targets of intimidation and propaganda and young women and girls are impacted disproportionately by cyber-violence, bullying and harassment. Adding these new factors updates our laws to reflect and address today's reality of increasing online abuse and harassment. It is consistent with the government's gender-based violence strategy.

Other amendments add some clarification to the bill. For example, the committee amended clause 1 to make it clear that the government will not recreate the federal long-gun registry. We now have that clarification right in the text of the bill. I will point out that the bill never included any components that would have permitted or required the registration of non-restricted firearms. While this amendment does not change the effect of the bill, I am confident it can provide reassurance that the long-gun registry will not be reinstated.

In addition, another amendment to clause 5, which was adopted at committee, will help clarify that a person meeting the conditions to transfer a non-restricted firearm can transfer more than one. In practice, the amendment changes the word “a” in the bill to “one or more”.

In fact, as proposed, the bill would not limit the number of non-restricted firearms that can be transferred, providing the conditions to do so are met. Once again, the bill is now clearer on that issue by virtue of the amendments. It now spells out specifically that a valid licence and a valid reference number attesting to the licence validity can support the transfer of ownership of more than one non-restricted firearm.

I am grateful that all parties have played an important role in the close scrutiny of this bill. It started off on solid footing. It already strengthens current laws around eligibility to hold a firearms licence. For example, it requires licensing authorities to consider specific information from the applicant's life history rather than just the previous five years. It improves licence verification, requiring anyone selling or giving a non-restricted firearm to verify the validity of the recipient's firearms licence. It improves record-keeping requirements among firearm businesses by requiring them to keep records of sale for non-restricted firearms. Responsible vendors already do this, but making it mandatory would not only set in law what they already do, it would also provide police with an additional tool to track non-restricted firearms which may have been trafficked from the legal to the illegal market.

The bill strengthens the regime around the transportation of restricted and prohibited firearms, but does not include non-restricted firearms, the ones used by hunters and farmers. It creates a more consistent approach to classification, responsibly leaving the technical determination on the classification of firearms to experts.

Today we have new measures with added benefits, such as enhanced background checks, greater certainty that no federal registry will be created and welcome clarification on non-restricted firearms transfers. Many Canadians from all walks of life have told us that the measures in this legislation are important. It is just one part of a larger package that will help make our communities safer and give law enforcement the tools they need to do their jobs.

In closing, I want to thank the members on the Standing Committee on Public Safety and National Security, all those who provided testimony and my colleagues in the House for helping shape this important legislation along the way. I encourage all members to join me in supporting Bill C-71.

Firearms ActGovernment Orders

September 20th, 2018 / 1:45 p.m.


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NDP

Rachel Blaney NDP North Island—Powell River, BC

Mr. Speaker, I come from a rural riding and there are a lot of concerns that are meaningful and I have brought a lot of those concerns to this House.

One of the questions I am hoping the member can answer is on the issue around authorization to transport. What we are hearing is that this is going to be an online process. I am wondering how long it will take to be up. When it is up, will it be accessible for people for things like weekend gun shows and other activities people may want to participate in? Will there be any cost?

One of the challenges for a lot of folks in my riding is they do not want a lot more costs added to this process than they are already bearing. They are law-abiding gun holders who deserve and need these answers.

Firearms ActGovernment Orders

September 20th, 2018 / 1:45 p.m.


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Liberal

Karen McCrimmon Liberal Kanata—Carleton, ON

Mr. Speaker, the minister made it perfectly clear that for this regime, the transportation and movement of firearms, to be a success, we needed to put the priority on customer service. He committed to putting the resources there so that the process would be very responsive. If needed, people could actually have access to an ATT via their cellphones. He knows that is an important piece of this legislation and that it has to work in order to make that happen.

Firearms ActGovernment Orders

September 20th, 2018 / 1:45 p.m.


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Conservative

Marilyn Gladu Conservative Sarnia—Lambton, ON

Mr. Speaker, when it comes to gun crimes, the member mentioned that 80% of people killed by guns in Canada are from suicide. A great proportion of the rest of it is homicide, and a very small amount is accidental. I do not understand how this legislation is going to impact on any of that.

If we think of some of the recent things that have happened, such as the Danforth shooting, which was done with an illegal gun, or the fellow who brought a gun to the mosque, it is illegal to transport a weapon without a licence to transport, or to take it anywhere but a target shooting place. I do not understand how Bill C-71 will eliminate any of the huge number of illegal crimes that are happening. If the member could comment, I would appreciate it.

Firearms ActGovernment Orders

September 20th, 2018 / 1:50 p.m.


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Liberal

Karen McCrimmon Liberal Kanata—Carleton, ON

Mr. Speaker, Bill C-71 is focused on addressing some weaknesses in the regime that covers legal firearms, and there is more work happening right now. We have appointed a Minister of Border Security and Organized Crime Reduction, and his mandate will be to drill down and get some ideas on how to address that in the future.

Firearms ActGovernment Orders

September 20th, 2018 / 1:50 p.m.


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Conservative

Cathay Wagantall Conservative Yorkton—Melville, SK

Mr. Speaker, my colleague stated that this is to deal with legal firearms, not the illegal ones, and yet over and over again the mantra behind this is that we are going to deal with gun violence, crime and gangs.

I do not understand. The bill in no way deals with organized crime and the vast majority of crimes committed with firearms in Canada, so it is ineffective here. I mentioned earlier it is like taking a fly swatter to the elephant in the room. When it comes to participating in organized crime, material benefits from human trafficking, abducting a person under the age of 14, these are serious crimes. The government has said that with Bill C-75, it is going to adjust the penalties for these serious crimes to where it can be as low as a fine.

There is mixed messaging here, and I am wondering if the member can explain to me why, when there is nothing in the bill about guns and gangs, the Liberals are choosing to focus, as she has said, on law-abiding gun owners rather than the criminals.

Firearms ActGovernment Orders

September 20th, 2018 / 1:50 p.m.


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Liberal

Karen McCrimmon Liberal Kanata—Carleton, ON

Mr. Speaker, this has to do with improving things like background checks. Over time, we have seen the kind of violence, the harassment and abuse, that is targeted at women online. That needs to be addressed.

It also acknowledges that there are people who are suffering from mental illness and they might have access to a firearm. We need to make it more difficult for them to have that access.

There is a law in Quebec called Anastasia's law, and it allows mental health professionals to speak up if they have a patient they feel might be of harm to themselves or to others. That is not a federal responsibility, but it is something we will be speaking about with our provincial counterparts.

The Assistant Deputy Speaker Anthony Rota

The hon. member for Surrey Centre will have seven minutes, and then we will interrupt. He will be able to continue once we resume debate.

The hon. member for Surrey Centre.