Debates of June 12th, 1995

Firearms Act

[Val Meredith, Reform, Surrey—White Rock—South Langley, BC]

moved:

Motion No. 180

That Bill C-68 in Clause 133, be amended by replacing lines 30 to 35, on page 75, with the following:

"under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years."

[Michel Bellehumeur, Bloc, Berthier—Montcalm, QC]

moved:

Motion No. 181

That Bill C-68, in Clause 133, be amended by deleting lines 16 to 45, on page 76 and lines 1 to 10, on page 77.

[Allan Rock, Liberal, Minister of Justice and Attorney General of Canada]

moved:

Motion No. 182

That clause 133 of Bill C-68 be amended by striking out line 16 on page 76 and substituting the following:

"91. (1) Subject to subsections (4) and (5) and section"

[John Murphy, Liberal, Annapolis Valley—Hants, NS]

moved:

Motion No. 183

That Bill C-68, in Clause 133, be amended a ) by replacing line 18, on page 76, with the following:

"possesses a prohibited firearm or a restricted firearm, unless the person is;" b ) by replacing lines 38 and 39, on page 76, with the following: a ) a person who possesses a prohibited firearm, a restricted firearm, a''; c ) by replacing line 14, on page 77, with the following:

"possesses a prohibited firearm or a restricted firearm knowing that the person is"; d ) by replacing line 28, on page 78, with the following:

"prohibited firearm, a restricted firearm, a prohibited weapon, a restricted"; e ) by replacing line 8, on page 79, with the following:

"in which the person knows there is a prohibited firearm or a restricted firearm,"; f ) by replacing lines 17 to 20, on page 79, with the following:

"may possess and transport the firearm,"; g ) by replacing lines 29 to 32, on page 79, with the following:

"possess and transport the firearm, and"; h ) by replacing line 26, on page 80, with the following;

"ing aware of the presence of the prohibited firearm, restricted firearm," i ) by replacing line 36, on page 80, with the following:

"of the prohibited firearm, restricted firearm, prohibited weapon, restricted"; j ) by replacing line 33, on page 98, with the following: a ) a person in possession of a prohibited firearm or a restricted firearm who''; and k ) by replacing line 4, on page 99, with the following:

"may seize the prohibited firearm, restricted firearm, prohibited weapon, re-".

[Jack Ramsay, Reform, Crowfoot, AB]

moved:

Motion No. 184

That Bill C-68, in Clause 133, be amended by deleting lines 16 to 45, on page 76 and lines 1 to 11, on page 77.

[Allan Rock, Liberal, Minister of Justice and Attorney General of Canada]

moved:

Motion No. 185

That clause 133 of Bill C-68 be amended by adding, immediately after line 11 on page 77, the following:

"(5) Subsection (1) does not apply to a person who possesses a firearm that is neither a prohibited firearm nor a restricted firearm and who is not the holder of a registration certificate for the firearm if the person a ) has borrowed the firearm; b ) is the holder of a licence under which the person may possess it; and c ) is in possession of the firearm to hunt or trap in order to sustain the person or the person's family.''

Motion No. 186

That clause 133 of Bill C-68 be amended by striking out line 12 on page 77 and substituting the following:

"92. (1) Subject to subsections (4) and (5) and section"

[Jack Ramsay, Reform, Crowfoot, AB]

moved:

Motion No. 187

That Bill C-68, in Clause 133, be amended by deleting lines 12 to 47, on page 77 and lines 1 to 23, on page 78.

[Allan Rock, Liberal, Minister of Justice and Attorney General of Canada]

moved:

Motion No. 188

That clause 133 of Bill C-68 be amended by striking out line 14 on page 78 and substituting the following:

"(5) Subsection (1) does not apply to a person who possesses a firearm that is neither a prohibited firearm nor a restricted firearm and who is not the holder of a registration certificate for the firearm if the person a ) has borrowed the firearm; b ) is the holder of a licence under which the person may possess it; and c ) is in possession of the firearm to hunt or trap in order to sustain the person or the person's family.

(6) Where a person is charged with an"

[Jack Ramsay, Reform, Crowfoot, AB]

moved:

Motion No. 189

That Bill C-68, in Clause 133, be amended by deleting lines 24 to 45, on page 78 and lines 1 to 4, on page 79.

[Allan Rock, Liberal, Minister of Justice and Attorney General of Canada]

moved:

Motion No. 190

That clause 133 of Bill C-68 be amended by striking out line 5 on page 79 and substituting the following:

"94. (1) Subject to subsections (3) to (5)"

[Jack Ramsay, Reform, Crowfoot, AB]

moved:

Motion No. 191

That Bill C-68, in Clause 133, be amended by deleting lines 5 to 46, on page 79 and lines 1 to 38, on page 80.

Motion No. 192

That Bill C-68, in Clause 133, be amended by replacing lines 1 and 2, on page 80, with the following:

"95. (1) Subject to subsection (3), every person commits an offence who, in"

[Allan Rock, Liberal, Minister of Justice and Attorney General of Canada]

moved:

Motion No. 193

That clause 133 of Bill C-68 be amended by adding, immediately after line 38 on page 80, the following:

"(5) Subsection (1) does not apply to an occupant of a motor vehicle where the occupant or any other occupant of the motor vehicle is a person who possesses a firearm that is neither a prohibited firearm nor a restricted firearm and who is not the holder of a registration certificate for the firearm if the person a ) has borrowed the firearm; b ) is the holder of a licence under which the person may possess it; and c ) is in possession of the firearm to hunt or trap in order to sustain the person or the person's family.''

[Val Meredith, Reform, Surrey—White Rock—South Langley, BC]

moved:

Motion No. 194

That Bill C-68, in Clause 133, be amended by replacing lines 32 to 37, on page 81, with the following:

"under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of three years."

Motion No. 195

That Bill C-68, in Clause 133, be amended by deleting lines 38 to 40, on page 81.

[Jack Ramsay, Reform, Crowfoot, AB]

moved:

Motion No. 196

That Bill C-68, in Clause 133, be amended by deleting lines 1 to 19, on page 82.

Motion No. 197

That Bill C-68, in Clause 133, be amended by deleting lines 20 to 43, on page 82, and lines 1 to 11, on page 83.

[Michel Bellehumeur, Bloc, Berthier—Montcalm, QC]

moved:

Motion No. 198

That Bill C-68, in Clause 133, be amended a ) by replacing lines 22 and 23, on page 82, with the following:

"subsection 101.1(1) of the Firearms Act or subsections 92(1), 93(1), 94(1) and 95(1) of this Act, possessed a firearm without a firearm"; and b ) by replacing lines 36 and 37, on page 82, with the following:

"the coming into force of any of subsection 101.1(1) of the Firearms Act or subsections 92(1), 93(1), 94(1) and 95(1) of this Act, possessed".

[Jack Ramsay, Reform, Crowfoot, AB]

moved:

Motion No. 199

That Bill C-68, in Clause 133, be amended by deleting lines 1 to11, on page 83.

[Michel Bellehumeur, Bloc, Berthier—Montcalm, QC]

moved:

Motion No. 200

That Bill C-68, in Clause 133, be amended by replacing lines 2 and 3, on page 83, with the following:

"between the coming into force of subsection 101.1(1) of the Firearms Act or subsection 92(1) or 94(1) of this Act and the later of January".

[Pierrette Venne, Bloc, Saint-Hubert, QC]

moved:

Motion No. 201

That Bill C-68, in Clause 133, be amended by replacing lines 3 to 9, on page 83 with the following:

"91(1), 92(1) or 94(1) and January 1, 1996, possesses a firearm that, as of that date, is not a prohibited firearm or a restricted firearm, shall be deemed for the purposes of that subsection to be, until December 31, 2000, the"

[Jack Ramsay, Reform, Crowfoot, AB]

moved:

Motion No. 202

That Bill C-68, in Clause 133, be amended by deleting lines 7 to 21, on page 84.

Motion No. 203

That Bill C-68, in Clause 133, be amended by deleting lines 18 to 34, on page 85.

Motion No. 204

That Bill C-68, in Clause 133, be amended by deleting lines 1 to 28, on page 86.

Motion No. 205

That Bill C-68, in Clause 133, be amended by deleting lines 29 to 43, on page 86 and lines 1 to 5, on page 87.

Motion No. 206

That Bill C-68, in Clause 133, be amended by deleting lines 6 to 24, on page 87.

Motion No. 208

That Bill C-68, in Clause 133, be amended by replacing line 43, on page 89, with the following:

"(5) Sections 114 to 117 apply in respect of".

Motion No. 210

That Bill C-68, in Clause 133, be amended by replacing line 5, on page 91, with the following:

"(5) Sections 114 to 117 apply in respect of".

Motion No. 212

That Bill C-68, in Clause 133, be amended by replacing line 15, on page 92, with the following:

"(7) Sections 114 to 117 apply in respect of".

Motion No. 213

That Bill C-68, in Clause 133, be amended by deleting lines 1 to 46, on page 93 and lines 1 to 13, on page 94.

Motion No. 214

That Bill C-68, in Clause 133, be amended by deleting lines 3 to 7, on page 96.

[Allan Rock, Liberal, Minister of Justice and Attorney General of Canada]

moved:

Motion No. 220

That clause 133 of Bill C-68 be amended a ) by adding, immediately after line 9 on page 106, the following:

"(2) Notwithstanding any other provision of this Act, but subject to section 117.1, no individual who is employed by a business as defined in subsection 2(1) of the Firearms Act that itself is the holder of a licence is guilty of an offence under this Act or the Firearms Act by reason only that the individual, in the course of the individual's duties or employment, possesses, manufactures or transfers, or offers to manufacture or transfer, a partially manufactured barrelled weapon that, in its unfinished state, is not a barrelled weapon from which any shot, bullet or other projectile can be discharged and that is capable of causing serious bodily injury or death to a person." b ) by renumbering the subsequent subclause and any crossreferences thereto accordingly.

Motion No. 221

That clause 133 of Bill C-68 be amended by adding, immediately after line 21 on page 106, the following:

"(3) Notwithstanding any other provision of this Act, but subject to section 117.1, no individual who is employed by a museum as defined in subsection 2(1) of the Firearms Act that itself is the holder of a licence is guilty of an offence under this Act or the Firearms Act by reason only that the individual, in the course of the individual's duties or employment, possesses or transfers a firearm that is designed or intended to exactly resemble, or to resemble with near precision, an antique firearm if the individual has been trained to handle and use such a firearm.

(4) Notwithstanding any other provision of this Act, but subject to section 117.1, no individual who is employed by a museum as defined in subsection 2(1) of the Firearms Act that itself is the holder of a licence is guilty of an offence under this Act or the Firearms Act by reason only that the individual possesses or transfers a firearm in the course of the individual's duties or employment if the individual is designated, by name, by a provincial minister within the meaning of subsection 2(1) of the Firearms Act.

(5) A provincial minister shall not designate an individual for the purpose of subsection (4) where it is not desirable, in the interests of the safety of any person, to designate the individual.

(6) A provincial minister may attach to a designation referred to in subsection (4) any reasonable condition that the provincial minister considers desirable in the particular circumstances and in the interests of the safety of any person."

[Michel Bellehumeur, Bloc, Berthier—Montcalm, QC]

moved:

Motion No. 222

That Bill C-68, in Clause 133, be amended by replacing line 29, on page 106, with the following:

"offence under any of sections 89, 90, 93,".

[Jack Ramsay, Reform, Crowfoot, AB]

moved:

Motion No. 223

That Bill C-68, in Clause 133, be amended by replacing lines 29 and 30, on page 106, with the following:

"offence under sections 89 or 90, any question arises as to".

[Garry Breitkreuz, Reform, Yorkton—Melville, SK]

moved:

Motion No. 228

That Bill C-68 be amended by adding after line 38 on page 108, the following new Clause:

"117.16(1) Every section in this Part expires on January 1, 1999 unless prior to that date, with respect to each section a ) the Auditor General has prepared and caused to be laid before Parliament a report on whether the section has been or will be a successful and cost-effective use of public funds to achieve an increase in public safety and a reduction in the incidence of violent crime involving the use of firearms, b ) the report of the Auditor General has been referred by the House to such committee as the house may designate for the purpose, c ) the committee has considered the report of the Auditor General and made a report to the House on the success and cost- effectiveness of the section and on the extent to which

(i) public safety has been or will be increased or decreased,

(ii) the incidence of crime related to the use of firearms has been or will be reduced or increased, and

(iii) a cost-effective use of public funds has been or will be made to achieve an increase in public safety or a reduction in the incidence of violent crime involving the use of firearms, and d ) the committee has recommended to the House that the section should not expire, and e ) the House has concurred in the report of the committee.

(2) Where a section is to expire as result of subsection (1), the Governor in Council may, by order, defer its expiry for a period not exceeding one year, if the section contains matters that do not relate to firearms control and the deferral is necessary in order for legislation to be proposed to Parliament to continue the other matters in force after the expiry of the section."

[Pierrette Venne, Bloc, Saint-Hubert, QC]

moved:

Motion No. 230

That Bill C-68 be amended by deleting Clause 135.

[Val Meredith, Reform, Surrey—White Rock—South Langley, BC]

moved:

Motion No. 231

That Bill C-68, in Clause 135, be amended by replacing line 21, on page 109, with the following:

"ment for a term of one year; and".