SECU Committee Meeting
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Minutes of Proceedings
Conservative
Bloc Québécois
NDP
Sandro Giammaria, Phaedra Glushek, Rachel Mainville-Dale, Rob Daly, Rob Mackinnon and Kellie Paquette answered questions.
The committee resumed its clause-by-clause study of the Bill.
On new Clause 10.1,
Taleeb Noormohamed moved, — That Bill C-21 be amended by adding after line 15 on page 15 the following new clause:10.1 (1) Paragraph 117.011(1)(a) of the Act is replaced by the following:
(a) the person against whom the order is sought cohabits with, or is an associate of, another person who is prohibited by any order made under this Act or any other Act of Parliament from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all such things; and
(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.
After debate, the question was put on the amendment of Taleeb Noormohamed and it was agreed to.
On Clause 11,
Raquel Dancho moved, — That Bill C-21, in Clause 11, be amended by replacing line 18 on page 15 with the following:“117.012 A provincial court judge shall, on application by”
After debate, the question was put on the amendment of Raquel Dancho and it was negatived, by a show of hands: YEAS: 4; NAYS: 7.
“ceased to exist or were unfounded.”
After debate, the question was put on the amendment of Raquel Dancho and it was negatived, by a show of hands: YEAS: 4; NAYS: 7.
Clause 11 carried by a show of hands: YEAS: 7; NAYS: 1.
On new Clause 11.1,
Taleeb Noormohamed moved, — That Bill C-21 be amended by adding after line 22 on page 15 the following new clause:11.1 (1) Paragraphs 117.02(1)(a) and (b) of the Act are replaced by the following:
(a) that a weapon, an imitation firearm, a prohibited device, a firearm part, any ammunition, any prohibited ammunition or an explosive substance was used in the commission of an offence, or
(b) that an offence is being committed, or has been committed, under any provision of this Act that involves, or the subject-matter of which is, a firearm, an imitation firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, ammunition, prohibited ammunition or an explosive substance,
(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.
After debate, the question was put on the amendment of Taleeb Noormohamed and it was agreed to on the following recorded division:
YEAS: Paul Chiang, Pam Damoff, Raquel Dancho, Iqwinder Gaheer, Peter Julian, Eric Melillo, Kristina Michaud, Taleeb Noormohamed, Pierre Paul-Hus, Alex Ruff, Peter Schiefke — 11;
NAYS: — 0.
11.1 (1) Subsections 117.04(1) and (2) of the Act are replaced by the following:
117.04 (1) Where, pursuant to an application made by a peace officer with respect to any person, a justice is satisfied by information on oath that there are reasonable grounds to believe that the person possesses a weapon, a prohibited device, a firearm part, ammunition, prohibited ammunition or an explosive substance in a building, receptacle or place and that it is not desirable in the interests of the safety of the person, or of any other person, for the person to possess the weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, the justice may issue a warrant authorizing a peace officer to search the building, receptacle or place and seize any such thing, and any authorization, licence or registration certificate relating to any such thing, that is held by or in the possession of the person.
(2) Where, with respect to any person, a peace officer is satisfied that there are reasonable grounds to believe that it is not desirable, in the interests of the safety of the person or any other person, for the person to possess any weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, the peace officer may, where the grounds for obtaining a warrant under subsection (1) exist but, by reason of a possible danger to the safety of that person or any other person, it would not be practicable to obtain a warrant, search for and seize any such thing, and any authorization, licence or registration certificate relating to any such thing, that is held by or in the possession of the person.
(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.
After debate, the question was put on the amendment of Taleeb Noormohamed and it was agreed to on the following recorded division:
YEAS: Paul Chiang, Pam Damoff, Raquel Dancho, Iqwinder Gaheer, Peter Julian, Eric Melillo, Kristina Michaud, Taleeb Noormohamed, Pierre Paul-Hus, Alex Ruff, Peter Schiefke — 11;
NAYS: — 0.
11.1 (1) The portion of subsection 117.05(4) of the Act before paragraph (a) is replaced by the following:
(4) If, following the hearing of an application made under subsection (1), the justice finds that it is not desirable in the interests of the safety of the person from whom the thing was seized or of any other person that the person should possess any weapon, prohibited device, firearm part, ammunition, prohibited ammunition and explosive substance, or any such thing, the justice shall
(2) Paragraph 117.05(4)(b) of the English version of the Act is replaced by the following:
(b) where the justice is satisfied that the circumstances warrant such an action, order that the possession by that person of any weapon, prohibited device, firearm part, ammunition, prohibited ammunition and explosive substance, or of any such thing, be prohibited during any period, not exceeding five years, that is specified in the order, beginning on the making of the order.
(3) Subsections (1) and (2) come into force on a day to be fixed by order of the Governor in Council.
After debate, the question was put on the amendment of Taleeb Noormohamed and it was agreed to on the following recorded division:
YEAS: Paul Chiang, Pam Damoff, Raquel Dancho, Earl Dreeshen, Iqwinder Gaheer, Peter Julian, Kristina Michaud, Taleeb Noormohamed, Pierre Paul-Hus, Alex Ruff, Peter Schiefke — 11;
NAYS: — 0.
On Clause 12,
Taleeb Noormohamed moved, — That Bill C-21, in Clause 12, be amended by replacing line 23 on page 15 with the following:12 (1) Paragraphs 117.07(1)(b) and (c) of the Act are replaced by the following:
(b) manufactures or transfers, or offers to manufacture or transfer, a firearm, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, any ammunition or any prohibited ammunition in the course of the public officer’s duties or employment;
(c) exports or imports a firearm, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part or any prohibited ammunition in the course of the public officer’s duties or employment;
(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.
(3) Subsection 117.07(2) of the Act is amended by
After debate, the question was put on the amendment of Taleeb Noormohamed and it was agreed to on the following recorded division:
YEAS: Paul Chiang, Pam Damoff, Raquel Dancho, Earl Dreeshen, Iqwinder Gaheer, Peter Julian, Kristina Michaud, Taleeb Noormohamed, Pierre Paul-Hus, Alex Ruff, Peter Schiefke — 11;
NAYS: — 0.
After debate, Clause 12, as amended, carried on the following recorded division:
YEAS: Paul Chiang, Pam Damoff, Iqwinder Gaheer, Peter Julian, Kristina Michaud, Taleeb Noormohamed, Peter Schiefke — 7;
NAYS: Raquel Dancho, Earl Dreeshen, Pierre Paul-Hus, Alex Ruff — 4.
On new Clause 12.1,
Taleeb Noormohamed moved, — That Bill C-21 be amended by adding after line 33 on page 15 the following new clause:12.1 (1) Paragraphs 117.071(b) and (c) of the Act are replaced by the following:
(b) transfers or offers to transfer a firearm, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, any ammunition or any prohibited ammunition in the course of their duties or employment;
(c) exports or imports a firearm, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part or any prohibited ammunition in the course of their duties or employment; or
(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.
After debate, the question was put on the amendment of Taleeb Noormohamed and it was agreed to on the following recorded division:
YEAS: Paul Chiang, Pam Damoff, Raquel Dancho, Earl Dreeshen, Iqwinder Gaheer, Peter Julian, Kristina Michaud, Taleeb Noormohamed, Pierre Paul-Hus, Alex Ruff, Peter Schiefke — 11;
NAYS: — 0.
12.1 (1) Paragraphs 117.08(b) and (c) of the Act are replaced by the following:
(b) manufactures or transfers, or offers to manufacture or transfer, a firearm, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, any ammunition or any prohibited ammunition,
(c) exports or imports a firearm, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part or any prohibited ammunition,
(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.
After debate, the question was put on the amendment of Pam Damoff and it was agreed to on the following recorded division:
YEAS: Paul Chiang, Pam Damoff, Raquel Dancho, Earl Dreeshen, Iqwinder Gaheer, Peter Julian, Kristina Michaud, Taleeb Noormohamed, Pierre Paul-Hus, Alex Ruff, Peter Schiefke — 11;
NAYS: — 0.
12.1 (1) Subsection 117.09(3) of the Act is replaced by the following:
(3) Notwithstanding any other provision of this Act, but subject to section 117.1, no individual who is employed by a carrier, as defined in subsection 2(1) of the Firearms Act, is guilty of an offence under this Act or that Act by reason only that the individual, in the course of the individual’s duties or employment, possesses any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition or prohibited ammunition or transfers, or offers to transfer any such thing.
(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.
After debate, the question was put on the amendment of Taleeb Noormohamed and it was agreed to on the following recorded division:
YEAS: Paul Chiang, Pam Damoff, Raquel Dancho, Earl Dreeshen, Iqwinder Gaheer, Peter Julian, Kristina Michaud, Taleeb Noormohamed, Pierre Paul-Hus, Alex Ruff, Peter Schiefke — 11;
NAYS: — 0.
On Clause 13,
Taleeb Noormohamed moved, — That Bill C-21, in Clause 13, be amended by adding after line 40 on page 15 the following:(1.1) Paragraph (a) of the definition “offence” in section 183 of the Act is amended by adding the following after subparagraph (xvi):
(xvi.1) section 102.1 (possession of computer data),
After debate, the question was put on the amendment of Taleeb Noormohamed and it was agreed to on the following recorded division:
YEAS: Paul Chiang, Pam Damoff, Raquel Dancho, Earl Dreeshen, Iqwinder Gaheer, Peter Julian, Kristina Michaud, Taleeb Noormohamed, Pierre Paul-Hus, Alex Ruff, Peter Schiefke — 11;
NAYS: — 0.
Clause 13, as amended, carried on the following recorded division:
YEAS: Paul Chiang, Pam Damoff, Raquel Dancho, Earl Dreeshen, Iqwinder Gaheer, Peter Julian, Kristina Michaud, Taleeb Noormohamed, Pierre Paul-Hus, Alex Ruff, Peter Schiefke — 11;
NAYS: — 0.
On new Clause 13.1,
Taleeb Noormohamed moved, — That Bill C-21 be amended by adding after line 5 on page 16 the following new clause:13.1 (1) Paragraphs 491(1)(a) and (b) of the Act are replaced by the following:
(a) a weapon, an imitation firearm, a prohibited device, a firearm part, any ammunition, any prohibited ammunition or an explosive substance was used in the commission of an offence and that thing has been seized and detained, or
(b) that a person has committed an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, ammunition, prohibited ammunition or an explosive substance and any such thing has been seized and detained,
(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.
After debate, the question was put on the amendment of Taleeb Noormohamed and it was agreed to on the following recorded division:
YEAS: Parm Bains, Michael Barrett, Paul Chiang, Pam Damoff, Raquel Dancho, Earl Dreeshen, Iqwinder Gaheer, Peter Julian, Kristina Michaud, Taleeb Noormohamed, Pierre Paul-Hus — 11;
NAYS: — 0.
13.1 (1) Paragraph 501(3)(h) of the Act is replaced by the following:
(h) abstain from possessing a firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, and surrender those that are in their possession to the peace officer or other specified person and also any authorization, licence or registration certificate or other document enabling them to acquire or possess them;
(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.
After debate, the question was put on the amendment of Taleeb Noormohamed and it was agreed to on the following recorded division:
YEAS: Parm Bains, Michael Barrett, Paul Chiang, Pam Damoff, Raquel Dancho, Stephen Ellis, Iqwinder Gaheer, Peter Julian, Kristina Michaud, Taleeb Noormohamed, Pierre Paul-Hus — 11;
NAYS: — 0.
13.1 (1) The portion of subsection 515(4.1) of the Act after paragraph (c) is replaced by the following:
(d) an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, ammunition, prohibited ammunition or an explosive substance, or
(e) an offence under subsection 20(1) of the Security of Information Act, or an offence under subsection 21(1) or 22(1) or section 23 of that Act that is committed in relation to an offence under subsection 20(1) of that Act,
the justice shall add to the order a condition prohibiting the accused from possessing a firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all those things, until the accused is dealt with according to law unless the justice considers that such a condition is not required in the interests of the safety of the accused or the safety and security of a victim of the offence or of any other person.
(2) Subparagraph 515(6)(a)(viii) of the Act is replaced by the following:
(viii) that is alleged to involve, or whose subject-matter is alleged to be, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, any ammunition or prohibited ammunition or an explosive substance, and that is alleged to have been committed while the accused was under a prohibition order within the meaning of subsection 84(1);
(3) Subsections (1) and (2) come into force on a day to be fixed by order of the Governor in Council.
After debate, the question was put on the amendment of Taleeb Noormohamed and it was agreed to on the following recorded division:
YEAS: Parm Bains, Michael Barrett, Paul Chiang, Pam Damoff, Stephen Ellis, Iqwinder Gaheer, Peter Julian, Kristina Michaud, Taleeb Noormohamed, Pierre Paul-Hus, Lianne Rood — 11;
NAYS: — 0.
13.1 (1) Subsection 810(3.1) of the Act is replaced by the following:
(3.1) Before making an order under subsection (3), the justice or the summary conviction court shall consider whether it is desirable, in the interests of the safety of the defendant or of any other person, to include as a condition of the recognizance that the defendant be prohibited from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all such things, for any period specified in the recognizance and, if the justice or summary conviction court decides that it is so desirable, the justice or summary conviction court shall add such a condition to the recognizance.
(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.
After debate, the question was put on the amendment of Taleeb Noormohamed and it was agreed to on the following recorded division:
YEAS: Parm Bains, Michael Barrett, Paul Chiang, Pam Damoff, Raquel Dancho, Stephen Ellis, Anthony Housefather, Peter Julian, Kristina Michaud, Taleeb Noormohamed, Pierre Paul-Hus — 11;
NAYS: — 0.
13.1 (1) Subsection 810.01(5) of the Act is replaced by the following:
(5) The provincial court judge shall consider whether it is desirable, in the interests of the defendant’s safety or that of any other person, to prohibit the defendant from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all of those things. If the judge decides that it is desirable to do so, the judge shall add that condition to the recognizance and specify the period during which the condition applies.
(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.
After debate, the question was put on the amendment of Taleeb Noormohamed and it was agreed to on the following recorded division:
YEAS: Parm Bains, Michael Barrett, Paul Chiang, Pam Damoff, Raquel Dancho, Stephen Ellis, Anthony Housefather, Peter Julian, Kristina Michaud, Taleeb Noormohamed, Pierre Paul-Hus — 11;
NAYS: — 0.
13.1 (1) Subsection 810.011(7) of the Act is replaced by the following:
(7) The provincial court judge shall consider whether it is desirable, in the interests of the defendant’s safety or that of any other person, to prohibit the defendant from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all of those things. If the judge decides that it is desirable to do so, the judge shall add that condition to the recognizance and specify the period during which it applies.
(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.
After debate, the question was put on the amendment of Taleeb Noormohamed and it was agreed to on the following recorded division:
YEAS: Parm Bains, Michael Barrett, Paul Chiang, Pam Damoff, Raquel Dancho, Stephen Ellis, Anthony Housefather, Peter Julian, Kristina Michaud, Taleeb Noormohamed, Pierre Paul-Hus — 11;
NAYS: — 0.
13.1 (1) Subsection 810.02(7) of the Act is replaced by the following:
(7) The provincial court judge shall consider whether it is desirable, in the interests of the defendant’s safety or that of any other person, to prohibit the defendant from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all of those things. If the judge decides that it is desirable to do so, the judge shall add that condition to the recognizance and specify the period during which the condition applies.
(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.
After debate, the question was put on the amendment of Taleeb Noormohamed and it was agreed to on the following recorded division:
YEAS: Parm Bains, Michael Barrett, Paul Chiang, Pam Damoff, Raquel Dancho, Stephen Ellis, Anthony Housefather, Peter Julian, Kristina Michaud, Taleeb Noormohamed, Pierre Paul-Hus — 11;
NAYS: — 0.
13.1 (1) Subsection 810.1(3.03) of the Act is replaced by the following:
(3.03) The provincial court judge shall consider whether it is desirable, in the interests of the defendant’s safety or that of any other person, to prohibit the defendant from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all of those things. If the judge decides that it is desirable to do so, the judge shall add that condition to the recognizance and specify the period during which the condition applies.
(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.
After debate, the question was put on the amendment of Taleeb Noormohamed and it was agreed to on the following recorded division:
YEAS: John Aldag, Parm Bains, Michael Barrett, Paul Chiang, Pam Damoff, Anthony Housefather, Peter Julian, Philip Lawrence, Kristina Michaud, Glen Motz, Doug Shipley — 11;
NAYS: — 0.
13.1 (1) Subsection 810.2(5) of the Act is replaced by the following:
(5) The provincial court judge shall consider whether it is desirable, in the interests of the defendant’s safety or that of any other person, to prohibit the defendant from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all of those things. If the judge decides that it is desirable to do so, the judge shall add that condition to the recognizance and specify the period during which the condition applies.
(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.
After debate, the question was put on the amendment of Pam Damoff and it was agreed to on the following recorded division:
YEAS: John Aldag, Parm Bains, Paul Chiang, Pam Damoff, Stephen Ellis, Anthony Housefather, Peter Julian, Philip Lawrence, Richard Martel, Kristina Michaud, Glen Motz — 11;
NAYS: — 0.
At 6:55 p.m., the sitting was suspended.
At 7:13 p.m., the sitting resumed.
13.1 (1) Paragraph 5(i) of Form 10 of Part XXVIII of the Act is replaced by the following:
□ (i) You must not possess a firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance and you must surrender those that are in your possession and also any authorization, licence or registration certificate or other document enabling you to acquire or possess them to (name or title) at (place).
(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.
After debate, the question was put on the amendment of Pam Damoff and it was agreed to on the following recorded division:
YEAS: John Aldag, Parm Bains, Paul Chiang, Pam Damoff, Anthony Housefather, Peter Julian, Philip Lawrence, Richard Martel, Kristina Michaud, Glen Motz, Doug Shipley — 11;
NAYS: — 0.
13.1 (1) The portion of Form 11 of Part XXVIII of the Act that begins with “You must not possess” and ends with “(name or title) at (place).” is replaced by the following:
□ You must not possess a firearm, crossbow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance and you must surrender any of them in your possession and any authorization, licence or registration certificate or other document enabling the acquisition or possession of a firearm to (name or title) at (place).
(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.
After debate, the question was put on the amendment of Pam Damoff and it was agreed to on the following recorded division:
YEAS: John Aldag, Parm Bains, Paul Chiang, Pam Damoff, Anthony Housefather, Peter Julian, Philip Lawrence, Richard Martel, Kristina Michaud, Glen Motz, Doug Shipley — 11;
NAYS: — 0.
13.1 (1) Paragraph (c) of Form 32 of Part XXVIII of the Act after the heading “List of Conditions” is replaced by the following:
(c) abstains from possessing a firearm, crossbow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance and surrenders those in their possession and surrenders any authorization, licence or registration certificate or other document enabling the acquisition or possession of a firearm (sections 83.3, 810, 810.01, 810.1 and 810.2 of the Criminal Code);
(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.
After debate, the question was put on the amendment of Pam Damoff and it was agreed to on the following recorded division:
YEAS: John Aldag, Paul Chiang, Pam Damoff, Anthony Housefather, Peter Julian, Philip Lawrence, Richard Martel, Kristina Michaud, Glen Motz, Peter Schiefke, Doug Shipley — 11;
NAYS: — 0.
Clause 14 carried.
On new Clause 14.1,
Pam Damoff moved, — That Bill C-21 be amended by adding after line 15 on page 16 the following:Transitional Provision
14.1 If proceedings in respect of an unlawfully manufactured firearm have been commenced under the Criminal Code before the day on which paragraph (e) of the definition prohibited firearm in subsection 84(1) of that Act, as enacted by subsection 1(1.2), comes into force and have not been completed before that day, then that paragraph (e) does not apply with respect to the firearm in relation to those proceedings.
After debate, the question was put on the amendment of Pam Damoff and it was agreed to on the following recorded division:
YEAS: John Aldag, Paul Chiang, Pam Damoff, Anthony Housefather, Peter Julian, Philip Lawrence, Richard Martel, Kristina Michaud, Glen Motz, Peter Schiefke, Doug Shipley — 11;
NAYS: — 0.
Review and Report
14.1 (1) Five years after the day on which paragraph (e) of the definition “prohibited firearm” in subsection 84(1) of the Criminal Code, as enacted by subsection 1(1.1), comes into force, a comprehensive review of that paragraph is to be commenced by a committee of the House of Commons that may be designated or established by that House for that purpose.
(2) Within one year, or any further time that is authorized by the House of Commons, after the day on which the review is commenced, the committee must submit a report on that review to the House of Commons, together with a statement of any changes to paragraph (e) of the definition “prohibited firearm” in subsection 84(1) of the Criminal Code, as enacted by subsection 1(1.1), that the committee recommends.
After debate, the question was put on the amendment of Pam Damoff and it was agreed to on the following recorded division:
YEAS: John Aldag, Paul Chiang, Pam Damoff, Anthony Housefather, Peter Julian, Philip Lawrence, Richard Martel, Kristina Michaud, Glen Motz, Peter Schiefke, Doug Shipley — 11;
NAYS: — 0.
That Bill C-21, in Clause 15, be amended by replacing lines 18 and 19 on page 16 with the following:
“protection order means a probation order, an interim order, an order to enter into a recognizance to keep the peace, an injunction, or any other order made by any court in the interests of the safety and security of a person. It includes an order prohibiting a person from
(a) being in physical proximity to an identified person or following an identified person from place to place;
(b) communicating with an identified person, either directly or indirectly;
(c) being at a specified place or within a specified distance of that place;
(d) engaging in harassing or threatening conduct directed at an identified person;
(e) occupying a family home or a residence; or
(f) engaging in family violence. (ordonnance de protection) ”
Pam Damoff moved, — That the amendment be amended by replacing the text in the first paragraph by the following:
“protection order means any order made by a Court in the interest of the safety and security of a person; this includes, but is not limited to:”
At 7:54 p.m., the sitting was suspended.
At 8:01 p.m., the sitting resumed.
At 8:12 p.m., the sitting was suspended.
At 8:33 p.m., the sitting resumed.
The question was put on the subamendment of Pam Damoff and it was agreed to on division.
The question was put on the amendment of Alistair MacGregor and it was agreed to on the following recorded division:
YEAS: Kody Blois, Paul Chiang, Pam Damoff, Iqwinder Gaheer, Peter Julian, Philip Lawrence, Richard Martel, Kristina Michaud, Glen Motz, Peter Schiefke, Doug Shipley — 11;
NAYS: — 0.
Clause 15, as amended, carried on division.
On new Clause 15.1,
Kristina Michaud moved, — That Bill C-21 be amended by adding after line 19 on page 16 the following new clause:“15.1The portion of paragraph 4(b) of the Act after subparagraph (ii) is replaced by the following:
firearms, prohibited weapons, restricted weapons, prohibited devices, ammunition, prohibited ammunition and cartridge magazines in circumstances that would otherwise constitute an offence under subsection 99(1), 100(1) or 101(1) of the Criminal Code; and”
After debate, the question was put on the amendment of Kristina Michaud and it was agreed to on the following recorded division:
YEAS: Kody Blois, Paul Chiang, Pam Damoff, Iqwinder Gaheer, Peter Julian, Philip Lawrence, Richard Martel, Kristina Michaud, Glen Motz, Peter Schiefke, Doug Shipley — 11;
NAYS: — 0.
“15.1 Paragraph 4(c) of the Act is replaced by the following:
(c) to authorize, notably by sections 35 to 73, the importation or exportation of firearms, prohibited weapons, restricted weapons, prohibited devices, ammunition, prohibited ammunition, cartridge magazines and components and parts designed exclusively for use in the manufacture of or assembly into automatic firearms in circumstances that would otherwise constitute an offence under subsection 103(1) or 104(1) of the Criminal Code.”
After debate, the question was put on the amendment of Kristina Michaud and it was agreed to.
“15.1 Subsection 5(1) of the Act is replaced by the following:
5 (1) A person is not eligible to hold a licence if it is desirable, in the interests of the safety of that or any other person, that the person not possess a firearm, a crossbow, a prohibited weapon, a restricted weapon, a prohibited device, ammunition, prohibited ammunition or a cartridge magazine.”
After debate, the question was put on the amendment of Kristina Michaud and it was agreed to on the following recorded division:
YEAS: Kody Blois, Paul Chiang, Pam Damoff, Iqwinder Gaheer, Peter Julian, Philip Lawrence, Richard Martel, Kristina Michaud, Glen Motz, Peter Schiefke, Doug Shipley — 11;
NAYS: — 0.
“15.1 Paragraph 5(2)(d) of the Act is replaced by the following:
(d) is or was previously prohibited by an order — made in the interests of the safety and security of any person — from communicating with an identified person or from being at a specified place or within a specified distance of that place, and poses or could pose a threat or risk to the safety and security of any person;”
After debate, the question was put on the amendment of Kristina Michaud and it was agreed to.
On Clause 16,
Dane Lloyd moved, — That Bill C-21, in Clause 16, be amended by replacing line 23 on page 16 with the following:“vidual is not eligible to hold a licence if they are”
After debate, the question was put on the amendment of Dane Lloyd and it was negatived on the following recorded division:
YEAS: Kelly Block, Blaine Calkins, Philip Lawrence, Dane Lloyd — 4;
NAYS: Kody Blois, Paul Chiang, Pam Damoff, Iqwinder Gaheer, Peter Julian, Kristina Michaud, Peter Schiefke — 7.
“vidual is not eligible to hold a licence if they are subject to a protection order or have been convicted of an offence in the commission of which violence was used, threatened or attempted against their intimate partner or any member of their family.”
After debate, the question was put on the amendment of Peter Julian and it was agreed to.
Clause 16, as amended, carried.
Clause 17 carried.
On Clause 18,
Alex Ruff moved, — That Bill C-21, in Clause 18, be amended by replacing line 1 on page 17 with the following:“18 (0.1) Paragraph 19(1)(b) of the Act is amended by adding the following after subparagraph (iii):
(iii.1) wishes to transport the firearm to another individual or business who holds a licence authorizing that individual or business to possess prohibited firearms or restricted firearms for purposes of storage for the time necessary for the individual to address a mental illness or similar problem, or
(1) Subsection 19(2.1) of the Act is replaced by”
After debate, the question was put on the amendment of Alex Ruff and it was agreed to.
Clause 18, as amended, carried.
Clause 19 carried on division.
Clause 20 carried on division.
Clause 21 carried on division.
On new Clause 21.1,
Kristina Michaud moved, — That Bill C-21 be amended by adding after line 9 on page 18 the following new clause:“21.1 Section 25 of the Act is renumbered as subsection 25(1) and is amended by adding the following:
(2) A person may transfer a cartridge magazine that is not prescribed to be a prohibited device only if the individual holds a licence authorizing him or her to possess firearms.”
After debate, the question was put on the amendment of Kristina Michaud and it was agreed to on division.
21.1 The Act is amended by adding the following after section 25:
25.1 (1) A person may transfer a firearm part to an individual only if the individual holds a licence authorizing them to possess firearms.
(2) Subject to the regulations and despite subsection (1), a person may transfer a firearm part to a non-resident who is 18 years old or older and who does not hold a licence if the non-resident has made a declaration that is confirmed under paragraph 35(1)(b) or subsection 38(2) and that is valid.
After debate, the question was put on the amendment of Pam Damoff and it was agreed to on the following recorded division:
YEAS: Kelly Block, Kody Blois, Blaine Calkins, Paul Chiang, Pam Damoff, Iqwinder Gaheer, Garnett Genuis, Peter Julian, Dane Lloyd, Peter Schiefke — 10;
NAYS: — 0.
At 10:07 p.m., the sitting was suspended.
At 10:29 p.m., the sitting resumed.
Clause 22 carried on the following recorded division:
YEAS: Kelly Block, Blaine Calkins, Paul Chiang, Pam Damoff, Iqwinder Gaheer, Garnett Genuis, Peter Julian, Dane Lloyd, Kristina Michaud, Taleeb Noormohamed, Peter Schiefke — 11;
NAYS: — 0.
On Clause 23,
Alex Ruff moved, — That Bill C-21, in Clause 23, be amended by adding after line 38 on page 18 the following:“(b.1) that the purpose for which the individual wishes to acquire the restricted firearm or handgun is to temporarily store it on behalf of the transferor for the time necessary for the transferor to address a mental illness or similar problem; or”
Debate arose thereon.
The Chair ruled that unanimous consent is required to postpone a clause, as provided on page 767 of House of Commons Procedure and Practice, Third Edition.
Whereupon, Alex Ruff appealed the decision of the Chair.
The question: "Shall the decision of the Chair be sustained?" was put and the decision was sustained on the following recorded division:
YEAS: Paul Chiang, Pam Damoff, Iqwinder Gaheer, Peter Julian, Kristina Michaud, Taleeb Noormohamed, Peter Schiefke — 7;
NAYS: Kelly Block, Blaine Calkins, Garnett Genuis, Dane Lloyd — 4.
After debate, the question was put on the amendment of Alex Ruff and it was negatived on the following recorded division:
YEAS: Kelly Block, Blaine Calkins, Dane Lloyd, Alex Ruff — 4;
NAYS: Paul Chiang, Pam Damoff, Iqwinder Gaheer, Peter Julian, Kristina Michaud, Taleeb Noormohamed, Peter Schiefke — 7.
Clause 23 carried on the following recorded division:
YEAS: Paul Chiang, Pam Damoff, Iqwinder Gaheer, Peter Julian, Kristina Michaud, Taleeb Noormohamed, Peter Schiefke — 7;
NAYS: Kelly Block, Blaine Calkins, Garnett Genuis, Dane Lloyd — 4.
Clause 24 carried on the following recorded division:
YEAS: Paul Chiang, Pam Damoff, Iqwinder Gaheer, Peter Julian, Kristina Michaud, Taleeb Noormohamed, Peter Schiefke — 7;
NAYS: Kelly Block, Blaine Calkins, Garnett Genuis, Dane Lloyd — 4.
Clause 25 carried on division.
After debate, by unanimous consent, Clause 26 was allowed to stand.
Clause 27 carried on the following recorded division:
YEAS: Paul Chiang, Pam Damoff, Iqwinder Gaheer, Peter Julian, Kristina Michaud, Taleeb Noormohamed, Peter Schiefke — 7;
NAYS: Kelly Block, Blaine Calkins, Garnett Genuis, Dane Lloyd — 4.
Clause 28 carried on the following recorded division:
YEAS: Paul Chiang, Pam Damoff, Iqwinder Gaheer, Peter Julian, Kristina Michaud, Taleeb Noormohamed, Peter Schiefke — 7;
NAYS: Kelly Block, Blaine Calkins, Garnett Genuis, Dane Lloyd — 4.
Clause 29 carried on the following recorded division:
YEAS: Paul Chiang, Pam Damoff, Iqwinder Gaheer, Peter Julian, Kristina Michaud, Taleeb Noormohamed, Peter Schiefke — 7;
NAYS: Kelly Block, Blaine Calkins, Garnett Genuis, Dane Lloyd — 4.
At 12:00 a.m., the committee adjourned to the call of the Chair.