Bill C-21 (Historical)

An Act to amend certain Acts and to make certain consequential amendments (firearms)

This enactment amends the Criminal Code to, among other things,
(a) increase, from 10 to 14 years, the maximum penalty of imprisonment for indictable weapons offences in sections 95, 96, 99, 100 and 103;
(b) establish a regime that would permit any person to apply for an emergency prohibition order or an emergency limitations on access order and allow the judge to protect the security of the person or of anyone known to them;
(c) deem certain firearms to be prohibited devices for the purpose of specified provisions;
(d) create new offences for possessing and making available certain types of computer data that pertain to firearms and prohibited devices and for altering a cartridge magazine to exceed its lawful capacity;
(e) include, for interception of private communications purposes, sections 92 and 95 in the definition of “offence” in section 183;
(f) authorize employees of certain federal entities who are responsible for security to be considered as public officers for the purpose of section 117.07; and
(g) include certain firearm parts to offences regarding firearms.
The enactment also amends the Firearms Act to, among other things,
(a) prevent individuals who are subject to a protection order or who have been convicted of certain offences relating to domestic violence from being eligible to hold a firearms licence;
(b) transfer authority to the Commissioner of Firearms to approve, refuse, renew and revoke authorizations to carry referred to in paragraph 20(a) of the Act;
(c) limit the transfer of handguns only to businesses and exempted individuals and the transfer of cartridge magazines and firearm parts;
(d) impose requirements in respect of the importation of ammunition, cartridge magazines and firearm parts;
(e) prevent certain individuals from being authorized to transport handguns from a port of entry;
(f) require a chief firearms officer to suspend a licence if they have reasonable grounds to suspect that the licence holder is no longer eligible for it;
(g) require the delivery of firearms to a peace officer, or their lawful disposal, if a refusal to issue, or revocation of, a licence has been referred to a provincial court under section 74 of the Act in respect of those firearms;
(h) revoke an individual’s licence if there is reasonable grounds to suspect that they engaged in an act of domestic violence or stalking or if they become subject to a protection order;
(i) authorize the issuance, in certain circumstances, of a conditional licence for the purposes of sustenance;
(j) authorize, in certain circumstances, the Commissioner of Firearms, the Registrar of Firearms or a chief firearms officer to disclose certain information to a law enforcement agency for the purpose of an investigation or prosecution related to the trafficking of firearms;
(k) provide that the annual report to the Minister of Public Safety and Emergency Preparedness regarding the administration of the Act must include information on disclosures made to law enforcement agencies and be submitted no later than May 31 of each year; and
(l) create an offence for a business to advertise a firearm in a manner that depicts, counsels or promotes violence against a person, with a few exceptions.
The enactment also amends the Nuclear Safety and Control Act to, among other things,
(a) provide nuclear security officers and on-site nuclear response force members with the authority to carry out the duties of peace officers at high-security nuclear sites; and
(b) permit licensees who operate high-security nuclear sites to acquire, possess, transfer and dispose of firearms, prohibited weapons and prohibited devices used in the course of maintaining security at high-security nuclear sites.
The enactment also amends the Immigration and Refugee Protection Act to
(a) designate the Minister of Public Safety and Emergency Preparedness as the Minister responsible for the establishment of policies respecting inadmissibility on grounds of transborder criminality for the commission of an offence on entering Canada;
(b) specify that the commission, on entering Canada, of certain offences under an Act of Parliament that are set out in the regulations is a ground of inadmissibility for a foreign national; and
(c) correct certain provisions in order to resolve a discrepancy and clarify the rule set out in those provisions.
Finally, the enactment also amends An Act to amend certain Acts and Regulations in relation to firearms so that certain sections of that Act come into force on the day on which this enactment receives royal assent.

Firearms

[Cheryl Gallant, Conservative, Renfrew—Nipissing—Pembroke, ON]

Mr. Speaker, these petitioners have requested that Bill C-21, as it is an affront to the private property rights of Canadians, not go forward and that it be recalled.

Public Safety

[Marco Mendicino, Liberal, Minister of Public Safety]

Mr. Speaker, my hon. colleague will have seen that we are consulting with legal firearms owners. In fact, that is precisely what we have been doing throughout the course of Bill C-21 and will continue to do so, because we know that hunters, trappers and first nations are part of the Canadian social fabric.

More to the point, what we are targeting are those AR-15 style guns that have been used in some of the worst mass-shooting tragedies in this country's history. That is what we are after. We are also going to support the CBSA, which is stopping an increasing number of illegal firearms at our border. That is something that I hope my colleague would support. However, in order to do that, he actually has to vote for those appropriations, and the next time we do that, I hope he will.

[Marco Mendicino, Liberal, Minister of Public Safety]

Mr. Speaker, we are doing that work. We are doing that work by introducing a national ban on assault-style rifles, which have been used in some of the worst mass killing shootings in this country's history. We are doing that work with Bill C-21, which would raise maximum sentences for hardened gun traffickers.

What is my colleague doing with regard to that bill? Her and her party have been filibustering it. They should stop doing that. They should study the bill. They should support our policies. They should also support the investments we have provided for law enforcement and for addressing the root causes of crime when it comes to the building safer communities fund. They voted against each and every one of those things. They should reverse course.

Opposition Motion—Use of the Notwithstanding Clause

[Pierre Paul-Hus, Conservative, Charlesbourg—Haute-Saint-Charles, QC]

Mr. Speaker, typically, I think our answers are supposed to be as long as the questions, which means that I am going to be making another speech given how long my colleague's question was.

First of all, I could respond to the member for Drummond that his question does not matter to me one bit either, but I will try to be a little more polite than he is on that front.

As I said in my speech, it is clear that the Bloc Québécois wants sovereignty; it is a left-wing party that supports the Parti Québécois. There is no denying it.

The Government of Quebec is not the Parti Québécois. The Bloc Québécois does not have the sole authority to speak for all Quebeckers. That is patently untrue. I am a Quebecker and proud of it, as are my Conservative colleagues and even several Liberal members. We are all Quebeckers and we all speak for Quebec.

When I make connections between Bloc Québécois positions, I look at their platform and I look at the state of affairs, such as bills C-5, C-75 and C-21. I could go on and name more, but I do not have enough time.

[Pierre Paul-Hus, Conservative, Charlesbourg—Haute-Saint-Charles, QC]

Mr. Speaker, I will be sharing my time with the member for Perth—Wellington.

After eight years of the Prime Minister's dismal governance, he is now trying to turn attention away from his record, the cost of living crisis of his own making, the highest spikes in inflation in 40 years and the doubling of the price of rent and the cost of mortgages. He wants to turn Canadians' attention away from the record use of food banks, the record credit card debt and the fact that he tripled the carbon tax. He wants Canadians to forget that violent crimes have increased by 32%, that gang-related homicides have increased by 92%, that he has close ties to lobbyists who cost a fortune and that he has violated ethics rules.

The Prime Minister is trying once again to sow division in Canada. He is also trying to create a fake constitutional crisis. That is his latest attempt at dividing people and turning attention away from his failures.

The Bloc Québécois has no solutions for Quebec's real problems. On June 15, 1991, more than 30 years ago, in protest at the failure of the Meech Lake accord, Lucien Bouchard and a few other MPs founded the Bloc Québécois for a “temporary” period. Would I have been part of that group? Perhaps. However, the temporary Bloc Québécois of 1991 in no way resembles the Bloc Québécois of 2023. In any case, this was not what Lucien Bouchard intended at the time.

Today, we understand why the Bloc Québécois, like the Liberal Party of Canada, is completely out of touch with the reality of Quebec residents. It is using a full day, an opposition day, to talk about the Constitution, when there are so many other matters that are more important to Quebeckers.

As the Quebec lieutenant for the Conservative Party of Canada, I am trying to understand where the Bloc Québécois is going with its sometimes nebulous strategies. I want to make it clear that I am not criticizing the duly elected members, but rather the political party, which only cares about Quebec sovereignty and which, despite the rhetorical flourishes of its leader, has only one thing in mind: to bring down the Canadian federation.

This is why I question its strategic decision to devote a full day of debate to a subject that does not interest Quebeckers: the Canadian Constitution. Are there no topics that are more important to Quebeckers nowadays?

Despite its grand patriotic speeches, I sense that the Bloc Québécois is only focused on the Liberal government and its leftist agenda.

In the last eight years, we have seen a disoriented Bloc Québécois trying to score political points on various issues, but the people of Quebec expect their federal members of the House to work for them.

Article 070 of the main proposal prepared for the Bloc Québécois' upcoming national convention in May states: “We have the right to make mistakes, rethink our positions and change our minds”. That being the case, it should take this opportunity to course correct.

I can think of several examples of questionable choices made by the Bloc Québécois. Was it a good idea to support the Liberal government's Bill C-5, the infamous bill that allows street thugs to avoid prison time and sex offenders to serve their sentence at home instead of in jail where they belong? Was it a good idea to vote with the Liberal government in favour of Bill C-75, which allows the worst criminals to be released on bail when they are still a threat to society? Was it a good idea to punish hunters and indigenous people by supporting the Liberals' Bill C-21?

The Bloc has a very leftist agenda. It is the Liberal government' best ally. Are Quebeckers aware of that?

I hear members laughing. They can go ahead and laugh all they like, but facts are facts.

When Lucien Bouchard formed the Bloc Québécois, he clearly indicated that the party was meant to be a temporary measure. Over 30 years later, we are really seeing the wear and tear. Paragraph 018 of the Bloc Québécois's main position paper states, and I quote, “We, like the vast majority of Quebeckers, naturally think of the Quebec National Assembly when we talk about our government.” We see here a party that is still trying to find itself.

This political party claims to support the Quebec National Assembly and the Government of Quebec. However, during the most recent Quebec election campaign, the Bloc Québécois put all of its energy and resources into supporting the Parti Québécois and working against Coalition Avenir Québec, the party that won the election by a landslide and now forms the government. How can the Bloc claim to be an ally of the Quebec government when its objective is to get PQ members elected? Also, how can it be recognized as an effective voice for Quebec when it only managed to get three PQ members elected?

[Yves-François Blanchet, Bloc, Beloeil—Chambly, QC]

moved:

That the House remind the government that it is solely up to Quebec and the provinces to decide on the use of the notwithstanding clause.

Mr. Speaker, rest assured that I am excluding you from this argument, but I get the impression that Quebec does not have many friends in the House. This has been made particularly evident by what seems to be—and this may seem harsh—the Liberal government's descent into hell. The government is essentially the only one to blame, and it is useful in this context to revisit—and, again this may sound harsh—a recent debacle. I will let you be the judge of that. Speaking of judges, we will, once again, have to refer to the Supreme Court of Canada on this matter.

I have made a little list. Bill C-21 on gun control was a lesson in clumsy backtracking, an unruly fiasco and a retreat that was anything but strategic. There was not even a whiff of them admitting to an error—an implicit error—and no recognition of the fact that, indeed, one must consider the safety of civilians and women while also preserving the legitimate privileges of sport hunters.

One example is the electoral map. I remember going to the Gaspé region last summer, just a few days after the Prime Minister, when the first new version of the electoral map had been considered and the riding of my colleague from Avignon—La Mitis—Matane—Matapédia was disappearing. The Prime Minister was in the region and had not said a single word about the fact that the regions in Quebec were being weakened. There might even have been a threat regarding the expressed desire of the member for Gaspésie—Les Îles-de-la-Madeleine to keep the file. The Prime Minister, however, never said a word; again, the government is essentially its deputy minister.

There is Medicago, a company, a flagship in technology research that, due to a kind of negligence perpetuated over time and interventions that were often too late, risks seeing the achievements of Quebec engineering go to Japan, subject to the good will of Mitsubishi, which will certainly be a major loss for Quebec and Canada.

There is the acquisition of Resolute Forest Products by Paper Excellence, which is owned by Sinar Mas. That represents 25% of cutting rights in public forests in Quebec and does not qualify in the new Bill C-34, which does not even protect it. Good heavens, if that is not protected, what will Bill C-34 protect?

There are obviously the health transfers. That is really very interesting. Of everyone here, we see that only the Bloc Québécois is both speaking for Quebec and representing the provinces' common front. The Bloc Québécois is the only party to stand up for Yukon, Prince Edward Island, Nova Scotia and Alberta. We will wait for the thanks from the benches next to us. Only the Bloc Québécois is standing up for the will of the provinces, the territories and Quebec, while the others are being opportunistic or lazy. We will be told that what we are doing is a waste of time. It is not a waste of time; it is very revealing of how things work.

There is the McKinsey case. I do not have time to go through everything about McKinsey. There would be far too many secrets to be brought to light, like McKinsey and ethics, McKinsey and lobbying, McKinsey and defence, McKinsey and standing offers, and so on. McKinsey's former boss himself—who is surely not as naive as he tried to make us believe in committee—said that, if he had been the client, he would not have signed the contract that the Government of Canada signed. That is interesting. There is also McKinsey and immigration, as well as McKinsey and Century Initiative. One hundred million Canadians, how nice. That is quite a lot, given Quebec’s inability to absorb, over time, in French and with our values, the number of immigrants that that requires. I asked Mr. Barton whether he had considered Quebec. They did not consider it at all. It was not even on their radar.

Based on the ignorance expressed, my word, I want to be the boss at McKinsey. He does not work that hard and says he does not know anything. Also, I suspect the pay is not too bad. McKinsey has a role to play in border management and, of course, in language and identity.

There is also the exploitation of Roxham Road. As my colleague from Lac-Saint-Jean mentioned, according to recent revelations, not only do we have criminal smugglers, we now have an all-inclusive package on offer, on both sides. A bus ticket is provided and migrants are openly and brazenly sent to Roxham Road. No one likes handcuffs. However, a brief moment of discomfort from being handcuffed is worth it for migrants, who are very happy to have reached Quebec; of course Quebec is paying the costs of welcoming them in a humane manner.

There is the appointment of Ms. Elghawaby. I will not repeat the whole speech and I do not want to make this personal. That said, it was clear that the government has an extraordinary ability to isolate and protect itself. If our homes were as well protected as the government, we would not need insulation.

Of course, there is also the referral of Quebec’s secularism law to the Supreme Court of Canada in the hope of overturning it.

Beyond that, the divisiveness over Bill C-13 is quite dramatic. I would not want to invite myself to a Liberal caucus meeting, and I think its members would not like that either, but there must be some very passionate conversations within that caucus. It must be just as fascinating as the Conservatives’ conversations about abortion. There may be a few little things that need to be resolved. For our part, everything is going very well. The federal government may also go to the Supreme Court over Bill 96, which deals with the French language.

We have now come to the motion on the notwithstanding clause, which may also go before the Supreme Court of Canada. I would like to speak about a very interesting aspect. In principle, Trudeau senior said that the will of Parliament had to ultimately prevail. That is why the 1982 Constitution, which we consider to be a despicable document, includes this principle of ensuring the primacy of the democracy of parliaments. Let us keep in mind that we have never signed on to that Constitution. We have been pointing that out for a few weeks now.

That was quickly tested. In 1988, the Ford decision established, on the one hand, that the use of the notwithstanding clause was legitimate and, on the other hand, that the role of the court was not to engage in pointless discussions, but to rule on the substance and wording of things.

Let us not forget that Mr. Lévesque firmly invoked and inserted the notwithstanding clause in all of the laws passed by Quebec’s National Assembly. Many fits were had, but Canada survived.

It is important to understand the current government’s legislative or judicial approach—or flight of fancy. By invoking federal documents such as the Canadian Charter of Rights and Freedoms and the Canadian Constitution, and by appointing new judges as old ones leave, the Prime Minister hopes to replace the decisions of the provincial legislatures and of the House of Commons with those of the Supreme Court of Canada in order to modify by interpretation the Canadian Constitution. As we said earlier, the Constitution is much more theirs than it is ours.

Having had the opportunity over time to appoint judges, the Prime Minister is confident that he has a Supreme Court of Canada whose constitution, pardon the pun, will be favourable to him. He wants to modify the Constitution by having it interpreted by judges he has appointed. This happens elsewhere in the world, and it is rarely an honourable procedure. A Parliament is always sovereign, otherwise any one Parliament could impose its will on another.

Quebec’s National Assembly is sovereign in its choices and its votes. Quebec’s Parliament is, in a word, national. Now, more than ever, Quebec’s National Assembly needs the notwithstanding clause, which guarantees the prerogative and primacy of parliaments and elected members over the decisions of the courts. Courts are there only to interpret, despite the fact that we have learned, particularly over the course of Quebec history, that interpretations can, over time, and without casting stones, be nudged in a certain direction. We do not want government by judges, but government by elected members, government by the people.

As I said at the beginning, it is important to mention that the notwithstanding clause is the legacy of Pierre Elliott Trudeau. I remember a question period during which we were told that it was awful, that they were not against the notwithstanding clause but against its pre-emptive use.

Of course, as it is wont to do, it is when the government runs out of arguments that it starts spouting the worst nonsense. That was a good one. If the notwithstanding clause is not to be used pre-emptively, what is the point?

The notwithstanding clause is like a COVID-19 vaccine. People get vaccinated to avoid getting COVID-19, not after they get it. The notwithstanding clause protects Quebec’s laws. We could say “the laws of Quebec and the provinces”, but let us be clear: Aside from a recent notorious case in Ontario, the notwithstanding clause is mostly used in Quebec, particularly when it comes to national identity and jurisdiction, precisely so that we do not have to hear the courts say that we cannot apply our own legislation, that it is being challenged, and that we now have to use the notwithstanding clause to fix a situation that, in the meantime, has had a deleterious effect.

Clearly, that is not how we want to or even how we should use the notwithstanding clause. Too often, harm would be done, and the same courts would have to suspend the application of the law. The notwithstanding clause is a small piece of sovereignty. “Sovereignty” is a word that frightens people. Using it inspires strong feelings and cold sweats. Sovereignty, however, is merely exclusive jurisdiction held by any party. This Parliament claims sovereignty, except in the case of Chinese spy balloons.

It is essential to recognize that, by invoking the notwithstanding clause, a jurisdiction that is a parliament, which by definition is sovereign, is claiming a small part of its sovereignty in jurisdictions which, logically speaking, should be exclusive to it.

This logical relationship between identity, the fact that Quebec is a nation begrudgingly recognized by this Parliament in a very specific context on June 16, 2021, and the fact that Quebec is the one that must resort to this clause is because Quebec is a nation, and its parliament is a national Parliament. Allow me to say that, in my opinion, this is too little.

It is too little because, of course, we want Quebeckers—in their own time, obviously, but we will encourage them—to think about sovereignty as a whole, a nation with a single national Parliament, which, as Mr. Parizeau said, would collect all taxes—we are capable of doing this and we would be having an entirely different conversation about health transfers—vote for all laws applicable in Quebec, sign all treaties and honour all existing treaties, as necessary.

Usually, people do not think about being normal. It goes without saying. We embrace normality, we seek normality and we assume normality. Quebec just needs to think about it right now, and for some time, and observe how its national identity is treated in a Parliament that should at least be a good neighbour if it cannot be a good partner.

This remains an essential reflection, but given the current context, it may no longer hold tomorrow or the next day. The game of cat and mouse, the jurisdictional stonewalling, the encroachments, the interference are anything but progress, efficiency or instruments for the greater good.

Until that necessarily deeper reflection occurs, we certainly need, in this Parliament, to solicit the good faith of colleagues and elected officials in recognizing that Quebec and the provinces have a legitimate right to use the notwithstanding clause. We are not requesting a change to the way things are done. We are asking that it be acknowledged. We simply wish to state the truth and are calling on Parliament to say that it does indeed reflect reality.

Voting against this truth would be akin to challenging the Canadian Constitution itself. This temptation was evident in the Prime Minister's comments. That raised some eyebrows, given the legacy. We are calling on the House to recognize a literal truth, if only out of respect.

In the meantime, and regardless of today’s vote, the Quebec nation and its representatives have only one true friend in this place. Only one political party raises the issues of language, identity, immigration, health care funding and the preservation of the notwithstanding clause in this House. Its members have just as much legitimacy as those of every other party. They are the members of the Bloc Québécois. The Bloc Québécois is proud to stand once again, without compromise, but with a sense of responsibility and with courage, to raise, defend and promote the interests of Quebec, which we hope will accomplish even more.

National Security Review of Investments Modernization Act

[Pat Kelly, Conservative, Calgary Rocky Ridge, AB]

Madam Speaker, I am going to share my time with the member for Abbotsford.

Conservatives have been calling for changes to this act for years. For nearly eight years, the government has ignored the growing role of state-owned and state-controlled enterprises in Canada’s economy. For nearly eight years, the government has failed to take seriously the threat posed by the government of Beijing.

For nearly eight years, the government has sat back passively while Beijing has used ostensibly private corporations as proxies to project its government's power and influence into the Canadian economy. After eight years, the government has finally tabled legislation to strengthen the Investment Canada Act, which is a good thing, but it is something that should have been done years ago.

To assess the government's credibility on the issue, it is important that we examine its track record on protecting Canadians from investment by authoritarian regimes in the Canadian economy. This is a government that, in 2017, failed to conduct a national security review when Beijing-owned Hytera Communications bought Norsat.

The former minister Navdeep Bains and the Prime Minister falsely claimed that a review was done, obfuscating the mandatory 45-day waiting period for approval with an actual, fulsome national security review as defined in the existing act. Even Tom Mulcair, the former leader of the NDP, criticized the government for rubber stamping the Hytera deal.

This takeover had serious consequences for Canada’s credibility with our allies. Norsat was an American defence contractor, and Canada allowed this takeover without a proper security review. Such a review was an option, and is an option, for the government under the existing Investment Canada Act, and that option was not undertaken on the Hytera deal.

Since then, Hytera has been banned from doing business in the United States and faces 21 espionage charges. This is the company that the government let into Canada without a national security review on the Norsat deal. The same company then received a contract to supply radio communications work to the RCMP. The same company had a contract with the Canada Border Services Agency for X-ray equipment.

This is the same government that also failed to stop Anbang from buying a chain of seniors homes, as we heard earlier from the NDP. Anbang also bought other buildings, which raised concerns not only about the substandard care that subsequently occurred in the seniors homes it took over, but also about corporate espionage in other buildings that were part of that deal.

This is a government that contracted with a company, whose founder was connected to the very top echelons of the PRC, to supply X-ray equipment to 170 embassies. This is a government that took years to finally ban Huawei from being a supplier of infrastructure to Canada’s 5G network, despite the obvious national security concerns. This reluctance has compromised Canada’s credibility with our Five Eyes intelligence partners. The government’s current industry minister approved the Neo Lithium takeover without a national security review

The opposition has spent years raising important questions about cracks and loopholes in existing laws, while the government claimed that there was no need to change the law until now, and it falsely claimed that it was using the tools available to it to help keep Canadians safe. It did this with such arrogance. It claimed that the opposition was simply playing politics whenever we raised a question about national security.

This is what the Liberals do. They dig in, when they find themselves on the wrong side of an issue, then finally flip while ignoring their past intransigence. This sudden flip, like what we are seeing right now with Bill C-34, on the need to address investment by autocratic, state-owned enterprises, is just like last week’s flip on Bill C-21 when they attempted to ban hunting rifles and shotguns.

Did they admit that the opposition was right all along? No. Did they thank the opposition for raising a point that they made a mistake that needed to be fixed? Did they admit that they were misleading Canadians for months? Did they admit that they were falsely claiming that the opposition was lying about the consequences of their amendment? Did the Minister of Public Safety admit that he was wrong and that he had misled Canadians? Did he apologize for attacking the opposition's motives? No, of course not. That is not what they do.

What they do is attack the motives of those who criticize them. When it becomes absolutely clear, like it is on this issue today of investment by autocratic state-owned enterprises, they might backpedal, but they do not take responsibility. They do not apologize or admit they were wrong.

As the opposition, we are just doing our job when we raise questions about public policy concerns, identify mistakes the government has made and identify shortcomings in existing laws or potential consequences of new laws or policies. The opposition has an ancient and sacred obligation to force the government to try to be better, and I just wish that it would listen from time to time, especially when it comes to national security.

Liberals and Conservatives are probably not very far apart from each other on the role of government when it comes to national security. I would hope that we are not far apart. This is not an ideological difference. We all care about our national security. With that in mind, I have some suggestions and points for Parliament to consider and hopefully also for the government to consider.

The bill would give the minister significantly more power but not necessarily a pathway to the best decisions. One thing this bill would do is shift power from cabinet, from order in council, to direct ministerial decision-making. This may result in faster decision-making but not necessarily better decisions.

I am concerned that the lack of a clear, strong definition of a state-owned enterprise may harm foreign investment in Canada overall without protecting Canadians from hostile foreign governments. The Canadian economy relies on direct foreign investment, and the parliamentary secretary talked about that. We need foreign, private capital from reciprocating open economies, and we have to be careful about what signals the bill sends to global capital markets.

I am disappointed that the bill does not simply allow the government to ban governments of autocratic and hostile regimes, such as Russia, Iran, North Korea or the People's Republic of China, through a simple list. This might be the easiest way to deal with the small number of countries seeking to exert power and influence within the Canadian economy through state-owned enterprises.

I am concerned that the bill does not appear to capture transactions where, rather than shares, a Canadian company sells assets, such as mines, farms, intellectual property and data, to a foreign state-owned enterprise.

I am especially concerned that maintaining the existing $400-million threshold for a mandatory government approval of a foreign takeover leaves the door wide open for the growing concern of Beijing-affiliated entities buying up farms, fishing enterprises, wharves and airport cargo facilities. These enterprises may have diverse ownership, but in aggregate, they have the potential to distort markets for important commodities, such as food. If the buyer of a Canadian company is the Government of China, the threshold for a national security review should be zero dollars, and every transaction of the foreign enterprises owned by the state should be captured.

In short, I do agree that the bill is an attempt to address serious and important policy concerns, and I will support the motion that is before the House to send the bill to committee. My opposition colleagues and I are committed to working with other parliamentarians to make the bill better.

No party has a monopoly on good ideas. This is a great opportunity to show Canadians that parliamentarians can work together and that the result of Parliament's adversarial process is that the best ideas will prevail through debate. As we debate the bill and study it at committee, we can co-operate, get beyond past mistakes and get serious about protecting Canadians from property theft, espionage, intellectual property theft, market distortions and other harms that result when foreign governments that are hostile to Canada's way of life take advantage of our open society and open economy. We are talking about transactions that are not fuelled by the market but by the raw power of a state to exert its influence on the Canadian economy.

Therefore, I will vote for the bill, but it is weak and needs a lot of work.

Opposition Motion—Carbon Tax

[Joël Godin, Conservative, Portneuf—Jacques-Cartier, QC]

Mr. Speaker, I want to thank my colleague from Kelowna—Lake Country for her passionate speech. I think she demonstrated that the carbon tax does not need to be increased. That is what we are calling for.

People keep saying in their speeches today that the Conservatives will not let up on this topic and that we keep repeating the same message in our opposition motions. Why would that be? It is because we in the Conservative Party want to work for Canadians.

Economically speaking, we are in a precarious position. We are on the edge of a crisis, and by all indications, things are going to get worse in the coming months.

Our Conservative conscience is prompting us to beg the government to give Canadians some breathing room. It is odd that we are being accused of hammering away at this issue. I think it is our duty as parliamentarians. Our Conservative values will always motivate us to go in that direction.

I would like to remind the House that my colleague from Calgary Forest Lawn moved an opposition motion today. It is clear. I am not saying that out of partisan pride or sheer stubbornness. We just need to take a good look at the situation.

The first point in today's opposition motion states that “(i) the Bank of Canada governor has admitted that the carbon tax contributes to inflation”. It is not our partisan colleagues, the Bloc Québécois, the NDP or the Liberals who are saying this; it is the Governor of the Bank of Canada. It is important to understand that there is some separation. Perhaps that makes the information more serious, unequivocal and impartial.

The Governor of the Bank of Canada is not the only one backing up our discourse and our request. The second point of the motion states that “(ii) the Parliamentary Budget Officer says that households will pay more in carbon tax costs than they get back”.

The Liberals are saying that there is no problem with their tax because they are putting the money back into taxpayers' pockets. The Parliamentary Budget Officer says that, yes, there is a rebate, but it is not equal. Once again, this leaves less money available to Canadian taxpayers.

The third point of our motion states that “(iii) the government plans to triple the carbon tax, which will increase the price of gas, groceries, and home heating”. That is a fact.

Let us consider Canadian citizens. I hope that all members of the House meet with their constituents. People in Portneuf—Jacques-Cartier are telling me that everything is more expensive.

If the government were sensitive to those concerns, it would do what several other countries are doing and cancel all tax hikes. I think that is reasonable under the circumstances. That said, the Liberals and the government are not that sensitive.

The Liberals have been in power for eight years. They talk until they are blue in the face about how the carbon tax is the best way to reduce greenhouse gases and how it is the magic solution. It might be the easy solution. The government is pocketing more money while seeking to reduce greenhouse gas emissions. They are trying to pull the wool over the eyes of Canadian taxpayers because there have been no results.

Unfortunately, in eight years, there has been no reduction in greenhouse gas emissions. However, there is more revenue flowing into government coffers. In this economic context, I believe it is reasonable to give Canadians a little bit of assistance.

I would like to set the record straight on something. This morning, I listened as members of different parties described the Conservatives as climate change deniers. I want to make it clear that our leader recognizes climate change, but he is not in the habit of taking shortcuts and waving a magic wand. The past eight years have shown us what happens when one waves a magic wand.

I have a document here. It is part of my notes, so I can show it to members. It is a chart from the Conference of the Parties, or COP, on the environment. There are 63 countries on it. At the top of the chart are Denmark, Sweden, Chile and Portugal. Then, in the next section, we see Egypt, Greece and Indonesia. Even further down the list, in the orange section, we see Thailand, Belarus and Turkey. Incidentally, I want to say that my thoughts are with the people of Turkey. I can only offer them supportive thoughts because, unfortunately, I am not there, but I think that the international community needs to take action to help the people of Turkey who are dealing with this disaster.

I will keep going with the list. The United States is ranked 52nd, and Canada is ranked 58th. Ouch. Nevertheless, the government is determined to increase the carbon tax. That does not make any sense.

As I was saying, the Conservative Party cares about the issue of climate change, and we have solutions. We are being accused of criticizing the carbon tax without offering solutions. As our leader mentioned this morning, we need to provide help to the clean technology sector.

Canada is unique in that it is the second-largest country in the world behind Russia. The carbon tax may not be effective here. We should not be using the same model as a European country whose population is very concentrated when our country is very different. Let us do the smart thing and develop clean technology. Yes, it can be an economic lever. Money is the main thing, but that money needs to be raised honestly, by creating prosperity, not by taking it out of taxpayers' pockets through a carbon tax.

Why not invest in clean technology? Why not develop it here? Canada has talent and know-how. We could then export that clean technology and make Canada a leader on the environment and on clean technology. Why not?

According to an article on the Radio-Canada website this morning, the Minister of Environment and Climate Change is focusing on Quebec's caribou population. He should instead be working on reducing greenhouse gases by identifying methods other than the carbon tax. He should let the provinces take action and look after their own territory. Quebec has a better record than Canada on the reduction of greenhouse gas emissions. In their eight years in power, the Liberals have never managed to reduce greenhouse gas emissions.

In closing, I would like to quote a passage from the Radio-Canada article. In response to the Minister of Environment and Climate Change, Quebec's minister, Benoit Charette, said that he had the impression that the agreement reached in August with Ottawa would preclude federal intervention. He stated, “The federal government's approach in this matter is hard to follow”.

It is hard to follow on many files. We need only think of the official languages file, Bill C-21 and McKinsey. I do not know if anyone is at the controls in this government.

It is unacceptable that we are being criticized. We, the Conservatives, are working on behalf of Canadian taxpayers, and we will continue that work.

Firearms

[Tracy Gray, Conservative, Kelowna—Lake Country, BC]

Madam Speaker, I am tabling a petition on behalf of residents from Kelowna—Lake Country and the surrounding area in relation to the government bill, Bill C-21, on firearms. It is quite lengthy, but I will go right to the asks of the government. They are asking for the government to, first, stop targeting law-abiding hunters, sport shooters and farmers with gun legislation; second, immediately withdraw the amendments tabled on November 22, 2022, at the Standing Committee on Public Safety and National Security; and last, withdraw the existing bill, Bill C-21, and restart consultations with the firearms community, firearms owners and public safety experts.

Public Safety

[Rachel Bendayan, Liberal, Parliamentary Secretary to the Minister of Tourism and Associate Minister of Finance]

Madam Speaker, my colleague has pointed out an extremely important problem that exists in Montreal, Quebec and across the country.

I would like to understand one thing. If my colleague is concerned about violence linked to firearms, why do the Conservatives systematically block measures that would make it easier to control firearms in Canada?

Our government introduced Bill C‑21 to put a stop to handgun sales across the country, but the Conservatives are against it.

Firearms

[Pam Damoff, Liberal, Parliamentary Secretary to the Minister of Public Safety]

Madam Speaker, we are committed, and we promised Canadians that we would take action on gun violence. On the particular amendments the hon. member has referred to in Bill C-21, an important bill that would deal with gun violence, I will acknowledge there was not enough consultation. There were not enough conversations with indigenous peoples across the country. That is why we are committed in our committee to listening to the concerns and to making sure that our legislation is one that will protect public safety and keep Canadians safe. I look forward to working with the hon. member.

[Alistair MacGregor, NDP, Cowichan—Malahat—Langford, BC]

Madam Speaker, every community deserves to feel safe, and that is what Bill C-21 was originally intended to do: end handgun violence. Instead, the Liberals introduced amendments at the eleventh hour that would make it harder for indigenous people, farmers and hunters to support their families and put food on their tables. Today, the Liberals finally dropped the amendments that the Assembly of First Nations said would go against its treaty rights.

Will the minister apologize for the mess he made with these amendments?

National Security Review of Investments Modernization Act

[Rick Perkins, Conservative, South Shore—St. Margarets, NS]

Madam Speaker, the minister told me he is going to Washington next week. I know there is a Chinese surveillance balloon going over the U.S., and I understand the government has withdrawn its terrible firearm amendments to Bill C-21. When the minister is there, if he spots it, maybe he could do something about it with an appropriate firearm.

After eight years, the government is finally getting around to making some administrative changes to the Investment Canada Act. Why is this important? Because foreign direct investment is increasing and causing us great problems in Canada.

I would start off by informing the House that, while we think these amendments are inadequate to deal with the things that are happening, we will be voting in favour, in principle, at second reading of this bill. These amendments improve the bill, just not enough. However, we will be seeking considerable amendments to improve this bill at the committee stage.

The minister went through some of the things the bill does, and I will start by commenting on a few of them. I think the preimplementation filing change required in certain industries when a deal is done, that the filing and notification go to Investment Canada, is good. It should happen after closing. I would have hoped the minister would make all investment applications subject to prefiling. I do not know what the point is of looking at a foreign direct investment after it is closed; it is very difficult to unwind a transaction.

The minister spoke about the streamlining of the process to speed it up within the 45 days. We have some concerns about removing cabinet from that process, not necessarily up front, because I think that process to start it is an important one. However, when the review comes back from officials, either for or against it having a national security or net benefit issue, we believe that should go to cabinet in all cases. I know the experience during the Harper government was that when these things came back to cabinet, there was robust discussion on every one, and this resulted in a better decision, Therefore, we think that the power to actually decide that at the end of the day should still rest with cabinet.

It does add the ability for the minister to create a list of targeted industries through regulation. We would like to learn a little more about what industries the minister is going to address. I think there are industries outside of the list. These include, to be parochial in my neck of the woods, seafood and other areas that are being targeted in the food sector by state-owned enterprises from less co-operative countries.

The interim conditions and all of that in the bill are a good addition to the bill.

We want to explore the area of the legal process appeal issues around secrecy for national security or commercial reasons a bit more at committee. We just want to make sure we understand that, in the future, we are not going to be blocking information the public should have. I think there are some transparency provisions in this bill that say if the minister rejects an acquisition, the reasons for this have to be fairly transparent and public. I do not believe there is a requirement to do that now.

However, there are some things we do not believe the provisions address. Let us start with the record of the current government regarding China's takeover of many of our important assets. The other thing the bill does not do, and I will talk about this in a few minutes, is deal with the sale not just of companies, but of the assets of companies.

In 2017, there was, and still is, a company called Norsat out of British Columbia, which also owns a company called Sinclair in Toronto. It was acquired by Hytera in China, which is partially owned by the Government of China, in the critical telecommunications business. Even though he was urged many times in the House, the minister of industry of the day refused to do a national security review of that acquisition. The minister has the freedom to say that he does not think it is a problem and he is not going to do it. Therefore, no national security review was done of that acquisition.

That is a problem because now we come to January 2022, when Hytera was charged with 21 counts of espionage in the United States in and then banned from doing business in the United States by President Biden. Yet eight months later, the RCMP bought radio frequency equipment to go into the communications system, giving the Chinese state-owned subsidiaries access to all the locations of the RCMP communications services. There was no public security review of that. These are the things that still fall through the cracks.

As I mentioned earlier, Manitoba-based lithium mining company, Tantalum Mining Corp., known as Tanco, was purchased in 2019. Again, the previous minister, not this one, refused to do a national security review of that acquisition. When this minister asked three Chinese state-owned enterprises to divest their Canadian critical mining assets, he did not even include this one, yet it is the largest producer of lithium and cesium in Canada, and all of it goes to China.

In 2020, we all know, the Department of Foreign Affairs bought X-ray equipment from a Chinese state-owned enterprise to go in all the embassies. I believe this minister may have been the minister at that time. No, he was not, but it was a Liberal minister, obviously, who said it was okay and did not back off on it until it was raised in this House.

In March 2021, as the minister referenced, the minister updated and enhanced the guidelines for national security reviews in the absence of an updated act, although an update could have been done. In January the minister did not even follow his own guidelines when he had a divestiture order that included neither the Neo Lithium Corp. nor the Tanco Corp.

In December, I mentioned Hytera and the Canada Border Services Agency. Of course this week we learned, although it is not an acquisition, that the scientific arm of the army of the People's Republic of China is doing research on artificial intelligence and supercomputing in our universities, our 10 biggest universities. They own the IP from that, and it is partially funded by Canadian taxpayers.

These are the things the bill does not address. It is a shameful situation that we are actually helping the largest surveillance state in the world, which used that technology not only on its own citizens but also to repress the Uighurs, and we actually helped develop that technology. Of course we know it uses that technology here. In 2017, China passed a national security act, and clauses 7 and 10 of that act require all citizens and all companies to spy on companies and people in the world. It is against the law for a company based in China to not spy and steal technology and information from companies abroad. We have allowed these takeovers to happen in the last eight years under the Liberal government.

There are several areas that we need to talk about for additional improvement. There was a really good House of Commons industry committee report, which our leader was the vice-chair of in the last Parliament. Most of the recommendations have been ignored by the Liberal government, even though government members put the recommendations forward. Not only is the Liberal government ignoring the recommendations that the official opposition put forward, but it is also ignoring the recommendations for improvement to the Investment Canada Act put forward by its own members of Parliament.

Recommendation number one in that report dealt with state-owned enterprises. What it asked for was that state-owned enterprises for all countries that we deem to be authoritarian or hostile to Canada have an automatic review. The way that is done is by reducing the financial threshold for the automatic review. Right now, that is $415 million. A state-owned enterprise can come in and buy anything it wants in Canada for under $415 million, as my friend from the NDP referenced in his question to the minister, without any scrutiny by the government.

Even in my own community, four fish-buying businesses were bought by Chinese state-owned enterprises on the south shore of Nova Scotia in the last quarter. That is important because those businesses set the price of what they get from fishermen. They set what the fishermen get. Through that process and through China's buying two international freight corridors, China now controls all lobster and the access to the departure of lobster from the Halifax airport. None of those transactions would be reviewable under this act. As a result, my lobster buyers would not truck their lobster to the Halifax airport, because China has taken it up. Rather, they would have to truck it to New York and Chicago to get our lobster to Asia. That is just a small part.

We know the Chinese enterprises are buying farms. They are buying up all kinds of key assets in this country, and none of that gets reviewed. Therefore, we would encourage and would be seeking amendments to this bill in committee to move that threshold for state-owned enterprises to zero in the act, requiring the minister and the department to follow that.

The government did not include any provisions that I can see in the net benefit for that issue of state-owned enterprises in foreign countries actually getting control of industries, let alone a particular asset. We are not looking at the concentration control, particularly of hostile actors going after that strategically. I know there is a provision in the bill that would allow the minister to create a list of targeted industries. We are a little skeptical that the list would be as comprehensive as it needs to be and would reflect a zero-dollar review, given the record of the current government over the last eight years. It has not even sought national security reviews of state-owned enterprises from China when it had the authority to do so on those acquisitions.

The bill does not include a provision to actually list countries. Other countries have looked at that. In addition to selected industries, the minister should have the authority, through regulation, to have a list of state actors and countries that we do not believe are advantageous for our economy or are actually a threat to our economy if they continue to try to buy not only our companies but the companies' assets. I will come to this in a minute.

The bill would change the process, which I referred to earlier, of the involvement of cabinet. We would like to probe this a little more in committee, but I understand the need. The 45 days has not changed in the Investment Canada Act and there is obviously a need for speed. Therefore, the point that the minister has put forward here, which is that at the beginning of the process, the minister and Minister of Public Safety can determine when that goes in without having to go to cabinet, and this would speed up the process. We believe that is a reasonable thing, but we would want to explore that a little more in committee. However, it is on the other end that we have the problem because perhaps not all ministers of industry are as diligent as this one.

I do know, in the short time I have been working with the minister, that he is the most accessible minister I have had a chance to work with since I have been in the House, and he is co-operative. I know he understands and is concerned about what the opposition members think in terms of looking at amendments to the bills, and he takes our suggestions seriously. We want to look at this issue wherein a minister who was perhaps not as diligent would be less involved in making the right decision when it is determined to be a net benefit, or not, or when the research comes back and says it is a national security interest, or not. Whatever the recommendation from officials, we believe it should always go back to cabinet for discussion before the final decision is made.

The act does not attempt to change definitions of state-owned enterprises or look at the issue of what constitutes control.

One does not have to buy 50% of a company to control a company. Someone can buy small percentages of it, get a number of seats on the board or change management, which Hytera has done. It has changed management in Sinclair and Norsat. None of those things are really looked at very strongly in Bill C-34 and need a little more consideration.

One of the interesting things brought up by the industry committee at the time of that report, and I think my friend from the NDP was on the committee, was the issue of subsequent takeovers. A Canadian company may be acquired by a company or an industry that we think is okay, and it gets approved as it is not from a state-owned enterprise. Subsequently, though, down the road, that company can be bought by a state-owned enterprise. There is no provision in this bill to give the minister the power, when that happens, to automatically relook at whether, in that transaction, we should be forcing the divestiture of that Canadian asset from that future transaction of a state-owned enterprise down the road.

That is very important, because Russia and China are getting more aggressive at doing these things. They come in through the front door but also through the back door, and we need to be very vigilant about that.

The minister mentioned intangible assets. This is a big area. In 2009 it was not so much part of the economy, but it is big now. One of the ways our economy can be harmed is not just through the purchase of a company, but through the purchase or sale of some of its assets. It could be simply that it is not just the taking over one of our mining companies, but that one of our mining companies is selling a strategic mining asset, like a particular mine, to a state player we are not comfortable with. It could be that a database gets sold. It could be that a particular artificial intelligence or knowledge-based patent we have and own in Canada gets sold. That company may still remain Canadian, but more and more companies are looking, when they develop these things, at those assets.

Probably the worst example in Canada is Nortel. When Nortel went into bankruptcy, it had the most patents, I believe, of any technology- and knowledge-based company in Canada. The Canadian liquidator's responsibility was to maximize whatever it could get for the assets. China quite regularly goes in and pays four, five or six times what a business is worth. That is what it did in my riding last quarter. It paid five times what the business was worth. It paid $10 million for $2-million-valued businesses, which is way below the threshold.

It took advantage of the Nortel situation, and almost all of those patents were sold by the liquidator to a Chinese state-owned enterprise that became Huawei, which is banned now in the United States. It took the government only five years to figure that one out. We helped create Huawei through our weak rules around foreign investment in state-owned enterprises in assets, and not just the companies, so we need to have more study and understanding. We can look at those in committee, and I know the minister is taking this seriously. I see him nodding there, so hopefully we can work with the government to improve Bill C-34.

Nonetheless, the bill is an improvement over the existing act and would give the minister and the industry some much-needed clarification. Therefore, for the most part, at this stage, we will be supporting this, but we will be seeking many more amendments in committee. I look forward to hearing from the very experienced member, the shadow minister for industry from the NDP, who has been in the House for a long time and has been on the industry committee for a long time, to see what he proposes, in terms of his speech but also his work in the House.

I will conclude there, and I look forward to the debate by all members in the House on this bill, which is very important for Canadians.

Public Safety

[Alex Ruff, Conservative, Bruce—Grey—Owen Sound, ON]

Madam Speaker, maybe we will try a different tack. That response sounded very similar to the last time I got up here and asked the parliamentary secretary about a very similar issue.

We just spent the day debating the requirement for immediate bail reform. My question is to the parliamentary secretary. He stated earlier today, as has the minister, that he is committed to working with the premiers of all the provinces to address the needed bail reform in this country. Could he commit tonight to how quickly they are going to act on making these necessary changes to bail in Canada, and for once to start standing up and making this country safer versus, again, as I keep saying, bringing forth legislation like Bill C-21, which targets law-abiding Canadians, not going after criminals?

Opposition Motion—Bail Reform

[Luc Berthold, Conservative, Mégantic—L'Érable, QC]

Mr. Speaker, one thing sets us apart from the Bloc Québécois. One day, we will be in power and we will be able to introduce bills. We will then be able to correct the provisions spelled out in Bill C‑75. The Bloc Québécois will never be able to do that.

The Bloc Québécois should ask itself some serious questions about certain positions it has taken in the past weeks and months. For example, there is Bill C‑21 and the amendments it supported to ban certain firearms. That happened. It is true.

It also supported Bill C‑5, which is directly responsible for the release of this rapist to his home. The Bloc Québécois should ask itself these types of questions when it is time to support and adopt motions.

The Conservatives have a solution. It is not perfect, but it is a starting point. I hope once again that the Bloc Québécois will make amends and support our motion.