38th PARLIAMENT, 1st SESSION

(October 4, 2004 - )



Edited Hansard • Number 120

Tuesday, June 21, 2005

Questions on the Order Paper


Hon. Dominic LeBlanc (Parliamentary Secretary to the Leader of the Government in the House of Commons, Lib.): Madam Speaker, the following questions will be answered today: Nos. 150 and 152.

[Hansard Page 7510]

[Text]

Question No. 150--

Mr. Garry Breitkreuz:
With respect to the implementation of sections 35, 37 and 40 of the Firearms Act by the Canada Border Services Agency: (a) how many person years have been allocated to this activity for the fiscal year 2004-05; (b) how many person years will be allocated for each of the next five fiscal years; (c) what is the total amount that has been spent for the fiscal year 2004-05; (d) what is the total amount that will be allocated for each of the next five fiscal years; (e) what activities does the implementation of these sections entail; and (f) what are the potential risks to public safety and national security resulting from the diversion of human and financial resources from activities such as the pursuit of smugglers, terrorists, illegal immigrants, illegal guns, drugs, explosives, and other contraband?

Hon. Anne McLellan (Deputy Prime Minister and Minister of Public Safety and Emergency Preparedness, Lib.):
With respect to the implementation of sections 35, 37 and 40 of the Firearms Act by the Canada Border Services Agency, CBSA, only section 35 is in force and administered by the CBSA at this time. Consequently, in response to

  (a), 28.71 person years have been allocated to section 35 activities for the fiscal year 2004-05.
  In response to (b), approximately 26 person years will be allocated for section 35 activities in the fiscal year 2005-06. This amount will remain the same for each of the next four fiscal years if there is no change in responsibilities. If sections 37 and 40 of the Firearms Act come into force during that time, additional resources would be required from the Canada Firearms Centre, CAFC, on a cost recovery basis. The amount is to be negotiated.
  In response to (c), $1,837,381 has been spent on section 35 activities in the fiscal year 2004-05.
  In response to (d), $1,700,000 will be allocated for section 35 activities in the fiscal year 2005-06. This amount will remain the same for each of the next four fiscal years if there is no change in responsibilities. If sections 37 and 40 of the Firearms Act come into force during that time, additional resources would be required from the CAFC on a cost recovery basis. The amount is to be negotiated.
  In response to (e), under section 35 of the Firearms Act, the CBSA processes firearms declared by unlicensed non-residents. This entails determining the class of firearm being imported, including its import requirements; confirming the authorization to transport, if required; ensuring that the importer and firearm information matches that on the non-resident firearm declaration form, Form CAFC 909; collection of a confirmation fee, which is subsequently transmitted to the CAFC; holding the firearm for a period of time if not all legal requirements have been met; and processing the export or destruction of the firearm if ultimately the importer is not entitled to import it to Canada. Amendments to section 35 not yet in force would also require the CBSA to process those non-resident importers who have received a report from the Registrar of Firearms in advance of the importation, which for those importers takes the place of the non-resident firearm declaration.
  Under section 37 of the Firearms Act, the CBSA will not need to perform any activities, as it will not be required to process unlicensed non-residents exporting their firearms.
  Under section 40 of the Firearms Act, the CBSA will process licensed individuals importing firearms. This entails determining the class of firearm being imported, including its import requirements; confirming the authorization to import; confirming the authorization to transport, if required; if the firearm is not registered, ensuring that the importer and firearm information matches that on the authorization to import, which is subsequently transmitted to the CAFC; informing the registrar of the impending importation; holding the firearm for a period of time if not all legal requirements have been met; and processing the export or destruction of the firearm if ultimately the importer is not entitled to import it to Canada.
  In response to (f), the overwhelming majority of all resources used by the CBSA to implement sections 35, 37 and 40 of the Firearms Act are provided by the CAFC on a cost recovery basis. Consequently, any diversion of CBSA resources as a result of administering those sections on behalf of the CAFC is negligible.