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FAAE Committee Report

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In accordance with its Order of Reference of Tuesday, October 3, 2017, your Committee has considered 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), and agreed on Thursday, March 1, 2018, to report it with the following amendments:
Clause 8
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).”

Clause 11
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.”

Clause 12
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-”

Your Committee has ordered a reprint of Bill C-47, as amended, as a working copy for the use of the House of Commons at the report stage.
A copy of the relevant Minutes of Proceedings (Meetings Nos. 75, 77 to 79 and 88) is tabled.