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. The Library of Parliament often publishes better independent summaries.

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

An Act in Relation to FirearmsGovernment Orders

March 27th, 2018 / 1:25 p.m.
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Conservative

Larry Miller Conservative Bruce—Grey—Owen Sound, ON

Mr. Speaker, my colleague from Lakeland, Alberta has a rural riding very similar to mine. Her clear understanding is the opposite of what the member across the way is trying to get across. I sympathize, and I am sure my colleague does, that there is a problem identified with illegal guns and murders when the trigger is pulled in a large urban centre. It is obviously different.

Everyone here, especially on this side of the House, wants communities to be safe, but we cannot target rural areas just because they have a larger number, on average, of law-abiding firearms owners, who use them to hunt and to protect their property.

When I was actively farming, the odd time over the years I would have a rabid fox among my livestock. I have a right to protect my property, and that is what the gun was for. That gun was there all the time. We cannot have the same rules there. I would like my colleague to comment on that, and why the Liberals continue to pretend they are not creating a backdoor gun registry.

An Act in Relation to FirearmsGovernment Orders

March 27th, 2018 / 1:30 p.m.
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Conservative

Shannon Stubbs Conservative Lakeland, AB

Mr. Speaker, of course, I share the view of my colleague. He and his neighbours, just like me, legitimately need to use firearms as tools in their lives as rural Canadians, as farmers and producers.

What is deeply troubling is that the Liberals are trying to say they are putting forward effective legislation to increase safety and security, but at the same time they want to reintegrate terrorists and talk about removing mandatory minimum sentences, which our government put forth to act as a deterrent and real punishment against heinous crimes and the use of guns by criminals. They mused about removing consecutive sentencing. They clearly have a soft-on-crime approach, which I think we will see when they finally bring forward their criminal justice reform.

That is exactly right. We should be taking action to crack down on criminals, not target law-abiding, responsible firearms owners in any way in Canada.

An Act in Relation to FirearmsGovernment Orders

March 27th, 2018 / 1:30 p.m.
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Liberal

John Aldag Liberal Cloverdale—Langley City, BC

Mr. Speaker, I will be splitting my time today with the hon. member for Winnipeg North.

I am proud to take part in this debate. As communities across the country face the devastating consequences of gun crime and violence, it is important for Canadians to see the government taking a stand. Doing so does not have to mean making radical changes or placing unreasonable measures on responsible firearms owners, nor does it mean a return to the measures of the past like the long gun registry. On the contrary, it means taking a clear-eyed look at the problems, the data, and the evidence, filling the gaps that need to be filled, and taking a practical approach to tackle gun violence.

Bill C-71 follows up on the government's commitment to take this responsible approach, prioritizing public safety while being practical and fair to firearms owners. It is also a direct response to a growing problem.

The Statistics Canada report entitled “Homicide in Canada, 2016” paints a clear picture of that problem. The year 2016 is the last year for which we have data on this issue and the numbers, frankly, are startling. It indicates that for the third consecutive year, firearms-related homicides increased in both numbers and rate. It tells us there were 223 firearms-related homicides in Canada that year, 44 more than in 2015. The statistics also tell us there were 2,465 criminal firearms violations that year, an increase of 30% since 2013. These figures reflect a tragic trend on our streets and in our communities.

My community is no exception to this reality and in fact faces alarming rates of gun and gang violence. I have the honour of representing the city of Surrey alongside several other members in this place. Last year alone, there were 45 firearms-related incidents in our community, including the riding of Cloverdale—Langley City. While this was a declining trend from previous years, it is still extremely concerning and one of the most important and frequents issues I hear about when door knocking and talking to constituents in the community.

Stories persist in our region of shootings taking place in residential areas that leave bullet holes in homes and front doors, and people are concerned for their safety and that of their families.

The first shooting in Surrey this year took place on 64th Avenue, a main road with gas stations, a variety of businesses, and residential housing in the surrounding area. It is unacceptable that anyone should feel unsafe or that this type of violence could erupt in our neighbourhoods at any given time.

The root of the trend is clear. Guns are falling into the wrong hands and this is happening in communities across the country. Sometimes, they are acquired by break-ins or by smuggling across the border. Other times, they are acquired through illegal sales by licenced owners or through firearms trafficking by organized crime. This only fuels the rise of handguns on our streets and more firearms-related violence in our otherwise peaceful communities, such as my home community of Surrey.

One way we can make a difference in keeping guns out of the wrong hands is by enhancing the utility of background checks and the effectiveness of the existing licensing system. One of the practical proposals in Bill C-71 would allow for a more rigorous licence verification process. Under this legislation, licence verification for non-restricted firearms sales would be mandatory. If people want to purchase or receive such a firearm from a business or an individual, they would be required to prove they have a valid licence. Further, the business or individual would be required to confirm the licence validity with the RCMP. Currently, this verification process is voluntary for non-restricted firearms. This legislation fixes that deficiency.

As part of strengthened background checks, authorities determining eligibility would have to consider certain police-reported information and other factors spanning a person's life, rather than just the last five years. If people have been convicted of certain criminal offences involving violence, firearms, or drugs, have been treated for mental illness associated with violence, or have a history of violent behaviour, authorities would be required to consider those factors over their life history.

Further, all licensees currently undergo continuous eligibility screening. This means that when a chief firearms officer is made aware of certain police-related interactions, they may place a licence under administrative review, pending an investigation to determine if the individual continues to be eligible to hold a licence.

This is only one of the reasonable reforms we can make to ensure firearms do not fall into the wrong hands. When we see the devastation gun violence causes, we often ask ourselves, “Why did that individual have a gun? How could this have been allowed to have happened?” In some cases, the answer can be quite complex. It may have been someone who never surrendered their firearm when they were supposed to, or it may have been someone without a licence or who smuggled or purchased a firearm on the black market.

Illegal gun sales often happen through so-called straw purchasing in which a licensed owner purchases firearms legally and then sells or transfers them illegally. A practical approach to this problem is to strengthen current tracing measures in order to better track the flow of firearms when that happens.

That is why under this legislation firearms businesses will be required to retain, transfer, and inventory records related to non-restricted firearms. While that is common practice in the industry, we will be requiring it by law. Making it mandatory will better support criminal investigations, giving police an important tool to help identify suspects of firearms-related offences.

In addition, under Bill C-71 business records must include information like the reference number of the licence verification, the licence number of the transferee, and information on the firearm that is sold or transferred, thereby ensuring firearms are only being sold to those with a valid licence. Firearms businesses, not the government, would need to maintain these records for at least 20 years.

In 2016, 31% of recovered firearms from gun-related homicides did not require registration. That included long guns, for example, hunting rifles and shotguns. Case in point, guns are falling into the wrong hands and that is why we are taking concrete action on licence verification and tracing.

All of this is bolstered by proposals in Bill C-71 that will provide consistency in classification of firearms and strengthen requirements for the safe and legitimate transport of firearms.

The Government of Canada has no greater responsibility than keeping Canadians safe, including citizens of my riding of Cloverdale—Langley City. The Minister of Public Safety and Emergency Preparedness has clearly demonstrated that we will crack down on gun crime and criminal gang activities by recently announcing $328 million over five years and $100 million annually thereafter to reduce gun crime across Canada. This announcement took place in Surrey and reflects our government's commitment to investing in measures that will reduce crime in our communities.

Our approach to public safety also includes investing in our youth so that we prevent them from coming into contact with guns and gang violence in the first place. In February, I had the opportunity to announce $5 million over five years in federal funding for the national crime prevention strategy to help expand the YMCA's plus-one mentoring program. We are building on the proven success of this program of directing at-risk youth away from interactions with the justice system and ensuring they have the support and guidance they need.

Our approach is multi-pronged, recognizing that public safety is paramount.

The Minister of Public Safety also recently hosted a summit on gun and gang violence, bringing together partners from government, law enforcement, academia, community organizations, and mayors from some of Canada's largest urban centres to tackle gun and gang violence.

These measures, along with the legislation before us today, demonstrate a package of sensible reforms and actions flowing directly from the platform commitment we made in 2015. They are aimed at reversing the increasing trend of gun violence in our country and we are confident they will make a real and lasting difference. These are practical, targeted, and measured steps that, when taken together, will make our communities safer.

In making these changes, we have ensured our approaches are fair, effective, practical, and safe. We believe we have achieved that.

I am proud to give my full support to Bill C-71 and encourage all of my colleagues to do the same. My community will be grateful for the improvements we will see in the safety of our neighbourhoods.

An Act in Relation to FirearmsGovernment Orders

March 27th, 2018 / 1:40 p.m.
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Conservative

Harold Albrecht Conservative Kitchener—Conestoga, ON

Mr. Speaker, repeatedly the Liberals have maintained that this legislation would not recreate a gun registry. They say it is not a backdoor reassertion of the gun registry, yet we see in this legislation the word “registrar” and the words “reference number” a total of 28 times.

If there are no concerns about this being another registry, why did the Department of Justice recently ask for some clarification? It is raising concerns about the potential on reasonable search and seizure of the private information of law-abiding citizens. If it is not a concern, why would the Department of Justice have raised this red flag?

An Act in Relation to FirearmsGovernment Orders

March 27th, 2018 / 1:40 p.m.
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Liberal

John Aldag Liberal Cloverdale—Langley City, BC

Mr. Speaker, I have to reiterate the statement that our government has made over and over again as we have looked at the bill. It is not an intention. It is not intended. It will not recreate the long gun registry and that is it. It will serve to strengthen the safety of our communities, our neighbourhoods, and the people of my community of Cloverdale, an area that will be pleased with these changes.

An Act in Relation to FirearmsGovernment Orders

March 27th, 2018 / 1:40 p.m.
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NDP

Charlie Angus NDP Timmins—James Bay, ON

Mr. Speaker, I listened with great interest to my colleague. I represent a very large rural region, and I am a registered gun owner. I have just gone through the re-licensing process, and I was very pleased at the checks and balances that were in place. In fact, the RCMP called my wife to ensure that I should be someone who could have access to a gun. She thanked them for taking those checks, because the gun owners who I know want to make sure that guns are not falling into the hands of people who should not have them.

The gun owners I know follow the rules in terms of safe storage, of making sure of licensing, and when they deal with gun stores, those gun stores take their responsibility very seriously. What I am looking at here will codify what for many is a practice already in place to prevent the bad operators.

However, I would like to ask my hon. colleague about the changing of the designation of firearms and deciding what is restricted. I personally am very uncomfortable with the cabinet and politicians deciding what is an appropriate firearm in this country, when I believe it should be law enforcement.

I would like to ask my hon. colleague about the decision to take the power to decide what is a restricted weapon away from politicians and put it in the hands of the RCMP. Does he think that this will be a good process of reassuring the public that decisions are being made based on public safety, and not based on political interference?

An Act in Relation to FirearmsGovernment Orders

March 27th, 2018 / 1:40 p.m.
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Liberal

John Aldag Liberal Cloverdale—Langley City, BC

Mr. Speaker, I would like to thank my colleague for his comments, his responsible gun ownership, and for his question. To the point that he has raised, I have heard from many gun owners who, like my colleague, are responsible and take the proper precautions and safety measures. That is what we need in our country.

To the specific point, I had a concern when the previous government made changes and put the classification into the political process. Our law enforcement officers and agencies are trained to do this, to make informed decisions. I think that is where it should be. I am very pleased to see that Bill C-71 will make that change. I think that it is the right direction for us to be heading toward.

An Act in Relation to FirearmsGovernment Orders

March 27th, 2018 / 1:40 p.m.
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Northumberland—Peterborough South Ontario

Liberal

Kim Rudd LiberalParliamentary Secretary to the Minister of Natural Resources

Mr. Speaker, I grew up in a home with guns. My father was an avid hunter. In the conversations I have been able to have with folks in my riding about this, mostly the response I am getting is that it is balanced, except for those who have received an email from the party of the official opposition. One of the things that I am hearing is that they are really pleased with the best practices that we are providing within this legislation that are already happening with organizations like Canadian Tire and Cabela's.

I wonder if my colleague might speak to that a bit more.

An Act in Relation to FirearmsGovernment Orders

March 27th, 2018 / 1:45 p.m.
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Liberal

John Aldag Liberal Cloverdale—Langley City, BC

Mr. Speaker, my colleague made a great statement. Unfortunately, I have lost my train of thought.

An Act in Relation to FirearmsGovernment Orders

March 27th, 2018 / 1:45 p.m.
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Winnipeg North Manitoba

Liberal

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

Mr. Speaker, what a pleasure it is to stand and talk about Bill C-71.

Members across the way should not be surprised. Bill C-71 is yet another piece of legislation in which the Liberals are saying that we made a commitment prior to the last federal election and we are fulfilling that commitment. Every day we see initiatives by the government that reflect what I believe Canadians really want to see good and responsible government doing and taking action on.

Contrast that to my Conservative friends across the way, who prefer to keep their heads in the sand, who prefer to stay out of touch with what truly are the interests of Canadians. They prefer to keep on the course Stephen Harper was leading them on. Quite frankly, I would think Stephen Harper was still leading the Conservative Party, given the behaviour those members continually demonstrate when it comes to their positions on policy.

The Conservatives should be a little cautious on that note. They should try to deviate from the old Stephen Harper agenda and move toward an agenda that at least demonstrates they are concerned about what Canadians have to say about good, solid public policy.

In listening to my friends across the way, it seems to me that they want to vote against this piece of legislation. They are talking negatively about this legislation. I would suggest that if they were to canvass their constituents, they would find there is very good, solid support for the legislation. Why? The essence of this legislation is all about public safety.

That is really what Bill C-71 is all about. It helps to keep firearms out of the hands of criminals, as an example. That is a positive thing. Conservatives would find their constituents would support that. It helps police trace firearms used in the commission of a crime. Again, that is a positive thing. Conservative members would find that most of their constituents would support that. The key is they have to listen to what Canadians have to say.

We hear members across the way talk about law-abiding gun owners. The vast majority of law-abiding gun owners do an outstanding job. I commend them on the fantastic work they do to ensure there is responsible ownership. The majority of those individuals, the average law-abiding gun owner would recognize this legislation as good legislation. If we take out the spin from the Conservative Party, it would be most, if not all, Canadians. There might possibly be a few eccentrics, the ones who believe that AK37s should be in everyone's home, who might say no.

This is good legislation. Why are the Conservatives opposing this legislation? They say it is about the long gun registry. Imagine that. They continuously mention the back door. How much clearer can the government be? We have the Prime Minister, even before he was prime minister and now while he is prime minister, saying that we are not bringing in the long gun registry. It is as simple as that, end of story.

It does not matter how many times we say it on this side of the House, the Conservatives will continue to tell mistruths, untruths, on the issue. They will try to stir the pot to say that the Liberals are bringing in a gun registry, when it is just not true. The national long gun registry is done. It is gone. We are not bringing it back—

An Act in Relation to FirearmsGovernment Orders

March 27th, 2018 / 1:45 p.m.
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Conservative

Erin O'Toole Conservative Durham, ON

Mr. Speaker, on a point of order, I know the deputy House leader for the Liberals does not speak in this House very often, but he said in his last statement that the Conservatives in debate today have been telling “untruths” and “mistruths”. Both terms are unparliamentary. He is saying we are lying.

An Act in Relation to FirearmsGovernment Orders

March 27th, 2018 / 1:50 p.m.
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Liberal

The Assistant Deputy Speaker Liberal Anthony Rota

Now I have heard “mistruths” from both sides today, and I have let it slide. If the House prefers, we can ban it and if anybody brings it up, we will stop it, regardless of which side says it.

Do I have the unanimous consent of the House to do that for the next 10 minutes while I am in the chair?

An Act in Relation to FirearmsGovernment Orders

March 27th, 2018 / 1:50 p.m.
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Some hon. members

Agreed.

An Act in Relation to FirearmsGovernment Orders

March 27th, 2018 / 1:50 p.m.
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Liberal

The Assistant Deputy Speaker Liberal Anthony Rota

That will be for the next 10 minutes.

The hon. parliamentary secretary.

An Act in Relation to FirearmsGovernment Orders

March 27th, 2018 / 1:50 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, the member across the way said that I should withdraw my remarks. I withdraw my remarks, given that we are going to have unanimous consent where the official opposition and the NDP will not be able to use the word “untruth”. I think that is a positive thing.

Having said that, there is a reason we have to be very cautious with the Conservatives' approach to this legislation. The bill is actually proposing to obligate retailers to register serial numbers and so forth when they sell guns. That is something that has been taking place in the United States since 1968. We are asking Canadians to support this legislation. Let me be very specific. All it is asking in terms of a registry is to require firearms vendors to keep records of all firearms inventory sales to assist police in investigating firearms trafficking and other gun crimes. The Conservatives are against this. It is hard to believe. That is the link. That is why the Conservatives say it is about the long gun registry. They have not done their homework. It has been done in the United States since 1968 and before the long gun registry we were doing it in Canada. That means Brian Mulroney and the Conservative Party had that as a part of their law. There was not one complaint. In fact, we had one of the Conservative members talk about the good old days of Brian Mulroney when he brought in the background checks. This legislation would enhance the background checks, and the Conservatives are against that.

The Conservatives are so far out on the right on this issue, yet they do not have any problem telling Canadians information that is just not true. They are telling Canadians that it has to do with the long gun registry. That is not true. It does not and members across the way know that. We would think they would be telling Canadians what is in the legislation because that is what Canadians really and truly want to hear.

The Minister of Public Safety has taken the time to do the consultations that are necessary. He has worked with the many different stakeholders. There has been a great deal of debate within our caucus. Members of our caucus, both rural and urban, stand together on this issue because we see this as responsible legislation, legislation that is all about public safety first and foremost. That is why I believe that the Conservative Party, just looking at this legislation alone, is more concerned about spin than it is about good legislation that would have a profound, positive impact on Canadians as a whole.

In part, this legislation deals with the repeal of Bill C-42. I was in opposition when the previous government brought in Bill C-42. It is interesting that the Conservatives chose to bring it in as separate legislation as opposed to including it in budget legislation. They wanted to highlight the fact that they love to debate anything about long guns. Anything that allows them to bring up the idea of a registry, the Conservatives are all in on it. I remember the debate when I was on the other side and talking about how they were loosening up, so that if people wanted to they could put a restricted weapon in the trunk of a car, drive all over the city of Winnipeg or rural Manitoba and then ultimately get to their destination without having to have a permit that would authorize them to do that.

Many of my constituents were concerned about that. It fell on completely deaf ears of the Conservative government because the Conservatives had a message that they wanted to communicate to Canadians. That message, in my opinion, was motivated purely because of politics. To get an appreciation of this issue, we have to understand why it is the Conservative Party over the years goes out of its way, and goes even further than the NRA in the United States does, on these issues. The NRA actually supports retailers' registering guns.

I see my time has run out, although I suspect I might get a question or two.