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Minutes of Proceedings

42nd Parliament, 1st Session
Meeting No. 88
Thursday, March 1, 2018, 3:29 p.m. to 5:22 p.m.
Televised
Presiding
Hon. Robert D. Nault, Chair (Liberal)

• Peter Fragiskatos for Raj Saini (Liberal)
• Jamie Schmale for Hon. Erin O'Toole (Conservative)
• Elizabeth May (Green Party)
• Gabriel Ste-Marie (Bloc Québécois)
• Luc Thériault (Bloc Québécois)
Library of Parliament
• Brian Hermon, Analyst
• Scott McTaggart, Analyst
 
House of Commons
• Philippe Méla, Legislative Clerk
Department of Foreign Affairs, Trade and Development
• Richard Arbeiter, Director General, International Security Policy Bureau
• Wendy Gilmour, Director General, Trade and Export Controls Bureau
• Carolyn Knobel, Director General and Deputy Legal Advisor
• Shelley MacInnis, Counsel, Market Access and Trade Remedies Law
Pursuant to the Order of Reference of Tuesday, October 3, 2017, the Committee resumed consideration of Bill C-47, An Act to amend the Export and Import Permits Act and the Criminal Code (amendments permitting the accession to the Arms Trade Treaty and other amendments).

Richard Arbeiter, Carolyn Knobel and Shelley MacInnis made statements.

Wendy Gilmour answered questions.

The Committee commenced its clause-by-clause study of the Bill.

The Chair called Clause 1.

Clause 1 carried.

Clause 2 carried.

Clause 3 carried.

Clause 4 carried.

Clause 5 carried.

Clause 6 carried.

Clause 7 carried.

On Clause 8,

Anita Vandenbeld moved, — That Bill C-47, in Clause 8, be amended by replacing lines 11 to 22 on page 4 with the following:

“7.2 In deciding whether to issue a permit under subsection 7(1) or 7.1(1), the Minister may, in addition to any other matter that the Minister may consider, take into consideration whether the goods or technology specified in the application for the permit may be used for a purpose prejudicial to the safety or interests of the State by being used to do anything referred to in paragraphs 3(1)(a) to (n) of the Security of Information Act.

7.3 (1) In deciding whether to issue a permit under subsection 7(1) or 7.1(1) in respect of arms, ammunition, implements or munitions of war, the Minister shall take into consideration whether the goods or technology specified in the application for the permit

(a) would contribute to peace and security or undermine it; and

(b) could be used to commit or facilitate

(i) a serious violation of international humanitarian law,

(ii) a serious violation of international human rights law,

(iii) an act constituting an offence under international conventions or protocols relating to terrorism to which Canada is a party,

(iv) an act constituting an offence under international conventions or protocols relating to transnational organized crime to which Canada is a party, or

(v) serious acts of gender-based violence or serious acts of violence against women and children.

(2) In deciding whether to issue a permit under subsection 7(1) or 7.1(1), the Minister shall also take into consideration the considerations specified in regulations made under paragraphs 12(a.2) or (a.3).

7.4 The Minister shall not issue a permit under subsection 7(1) or 7.1(1) in respect of arms, ammunition, implements or munitions of war if, after considering available mitigating measures, he or she determines that there is a substantial risk that the export or the brokering of the goods or technology specified in the application for the permit would result in any of the negative consequences referred to in subsection 7.3(1).”

After debate, the question was put on the amendment of Anita Vandenbeld and it was agreed to, by a show of hands: YEAS: 5; NAYS: 3.

The Chair ruled that the following amendment was consequential to the previous amendment and therefore it was also adopted:

That Bill C-47, in Clause 12, be amended by

(a) replacing lines 9 and 10 on page 6 with the following:

“(a.2) specifying, for the purposes of subsection 7.3(2), considerations that the Minister shall take into consideration when deciding whether to is-”

(b) replacing lines 14 and 15 on page 6 with the following:

“(a.3) specifying, for the purposes of subsection 7.3(2), considerations that the Minister shall take into consideration when deciding whether to is-”

By unanimous consent, Clause 5 previously carried was reconsidered.

On Clause 5,

Erin O'Toole moved, — That Bill C-47, in Clause 5, be amended by adding after line 16 on page 3 the following:

“(1.1) The Brokering Control List may not include small arms that are rifles, carbines, revolvers or pistols intended for hunting or sport, for recreational use, or for a cultural or historical purpose. ”

After debate, the question was put on the amendment of Erin O'Toole and it was negatived on the following recorded division:

YEAS: Ziad Aboultaif, Erin O'Toole, Peter Van Loan — 3;

NAYS: Peter Fragiskatos, Hélène Laverdière, Michael Levitt, Jati Sidhu, Anita Vandenbeld, Borys Wrzesnewskyj — 6.

Clause 5 carried.

The Committee resumed consideration of Clause 8.

Pursuant to the order adopted by the Committee on Tuesday, May 3, 2016, the following amendment, submitted by Luc Thériault for the consideration of the Committee, was deemed moved:

That Bill C-47, in Clause 8, be amended by adding after line 22 on page 4 the following:

“7.3 (1) The committee of the House of Commons charged with studying matters arising in connection with the operation of this Act may, on its own initiative following any change in the situation in a country for which an export permit or brokering permit has been issued under subsection 7(1) or 7.1(1) authorizing the export or brokering of arms, ammunition, implements or munitions of war, assess whether the change requires the amendment, suspension or cancellation of the permits in question and report its conclusions and recommendations to the House.

(2) If the Minister does not implement one of the recommendations in the report referred to in subsection (1), he or she shall cause to be laid before the House of Commons on any of the first 15 days on which that House is sitting after the publication of the report, a statement of the reasons for not doing so.”

After debate, the question was put on the amendment of Luc Thériault and it was negatived on the following recorded division:

YEAS: Hélène Laverdière — 1;

NAYS: Ziad Aboultaif, Peter Fragiskatos, Michael Levitt, Erin O'Toole, Jati Sidhu, Peter Van Loan, Anita Vandenbeld, Borys Wrzesnewskyj — 8.

Clause 8, as amended, carried.

Clause 9 carried.

On new Clause 9.1,

Hélène Laverdière moved, — That Bill C-47 be amended by adding after line 27 on page 4 the following new clause:

“9.1 Section 10 of the Act is amended by adding the following after subsection (1):

(1.1) If, in the opinion of the Minister, a change subsequently occurs in the facts or circumstances pertaining to the decision to issue a permit under subsection 7(1) or 7.1(1), the Minister must amend, suspend or cancel the permit to reflect that change.”

After debate, the question was put on the amendment of Hélène Laverdière and it was negatived on the following recorded division:

YEAS: Hélène Laverdière — 1;

NAYS: Ziad Aboultaif, Peter Fragiskatos, Michael Levitt, Erin O'Toole, Jati Sidhu, Peter Van Loan, Anita Vandenbeld, Borys Wrzesnewskyj — 8.

Clause 10 carried.

On Clause 11,

Jati Sidhu moved, — That Bill C-47, in Clause 11, be amended by adding after line 6 on page 6 the following:

“(9) For greater certainty, this section applies in respect of a firearm only if the firearm is included in the Export Control List, Brokering Control List or Import Control List and it is the subject of an application for a permit, certificate or other authorization under this Act.”

After debate, the question was put on the amendment of Jati Sidhu and it was agreed to on the following recorded division:

YEAS: Ziad Aboultaif, Peter Fragiskatos, Michael Levitt, Jamie Schmale, Jati Sidhu, Peter Van Loan, Anita Vandenbeld, Borys Wrzesnewskyj — 8;

NAYS: Hélène Laverdière — 1.

Clause 11, as amended, carried.

On Clause 12,

Hélène Laverdière moved, — That Bill C-47, in Clause 12, be amended by deleting lines 26 to 29 on page 6.

After debate, the question was put on the amendment of Hélène Laverdière and it was negatived on the following recorded division:

YEAS: Hélène Laverdière — 1;

NAYS: Ziad Aboultaif, Peter Fragiskatos, Michael Levitt, Jamie Schmale, Jati Sidhu, Peter Van Loan, Anita Vandenbeld, Borys Wrzesnewskyj — 8.

Hélène Laverdière moved, — That Bill C-47, in Clause 12, be amended by adding after line 32 on page 6 the following:

“(3) Section 12 of the Act is renumbered as subsection 12(1) and is amended by adding the following:

(2) The Minister must cause every regulation that he or she proposes to make under paragraphs (1)(a.2) and (a.3) to be tabled in each House of Parliament.

(3) Each proposed regulation that is tabled before a House must, on the day it is tabled, be referred by that House to an appropriate committee of that House, as determined by the rules of that House, and the committee may conduct inquiries or public hearings with respect to the proposed regulation and report its findings to that House.

(4) A proposed regulation that has been tabled pursuant to subsection (2) may be made

(a) 30 sitting days after it was tabled in both Houses; or

(b) if, with respect to each House,

(i) the committee reports to the House, or

(ii) the committee decides not to conduct inquiries or public hearings.

(5) For the purpose of this section, sitting day means a day on which either House sits.”

After debate, the question was put on the amendment of Hélène Laverdière and it was negatived on the following recorded division:

YEAS: Hélène Laverdière — 1;

NAYS: Ziad Aboultaif, Peter Fragiskatos, Michael Levitt, Jamie Schmale, Jati Sidhu, Peter Van Loan, Anita Vandenbeld, Borys Wrzesnewskyj — 8.

Clause 12, as amended, carried.

By unanimous consent, Clauses 13 to 20 inclusive carried severally.

On Clause 21,

Pursuant to the order adopted by the Committee on Tuesday, May 3, 2016, the following amendment, submitted by Gabriel Ste-Marie for the consideration of the Committee, was deemed moved:

That Bill C-47, in Clause 21, be amended by replacing lines 16 to 20 on page 11 with the following:

“ preceding year.

(2) Within thirty days after the month during which arms, ammunition, implements or munitions of war have been exported under the authority of an export permit issued under subsection 7(1), the Minister shall prepare a report to that effect and cause it to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the report is completed.”

After debate, the question was put on the amendment of Gabriel Ste-Marie and it was negatived on the following recorded division:

YEAS: Hélène Laverdière — 1;

NAYS: Ziad Aboultaif, Peter Fragiskatos, Michael Levitt, Jamie Schmale, Jati Sidhu, Peter Van Loan, Anita Vandenbeld, Borys Wrzesnewskyj — 8.

Hélène Laverdière moved, — That Bill C-47, in Clause 21, be amended by replacing line 20 on page 11 with the following:

“7(1) and in respect of arms, ammunition, implements and munitions of war that were exported in the preceding year to the United States without an export permit issued under subsection 7(1).”

After debate, the question was put on the amendment of Hélène Laverdière and it was negatived on the following recorded division:

YEAS: Hélène Laverdière — 1;

NAYS: Ziad Aboultaif, Peter Fragiskatos, Michael Levitt, Jamie Schmale, Jati Sidhu, Peter Van Loan, Anita Vandenbeld, Borys Wrzesnewskyj — 8.

Clause 21 carried.

Clause 22 carried.

Clause 23 carried.

Clause 24 carried.

The Title carried.

The Bill, as amended, carried.

ORDERED, — That the Chair report the Bill, as amended, to the House.

ORDERED, — That Bill C-47, as amended, be reprinted for the use of the House at report stage.

At 5:18 p.m., the sitting was suspended.

At 5:19 p.m., the sitting resumed in camera.

The Committee proceeded to the consideration of matters related to Committee business.

It was agreed, — That in relation to the study of Canada's Engagement in Asia the proposed budget in the amount of $215,895.74, for the Committee’s travel to Tokyo, Japan, Seoul, South Korea and Manila, Philippines in Spring 2018, be adopted.

It was agreed, — That the report on the study of Canada’s Development Finance Initiative be printed with a special cover that has previously been approved by the Committee.

At 5:22 p.m., the Committee adjourned to the call of the Chair.



Erica Pereira
Clerk of the Committee